Legal Opinion

Capital City Insurance v. Caldwell Bros.

Supreme Court of Alabama

Decided December 15, 1891PublishedCited by 16 opinions

Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speaks. This action was brought by Caldwell Brothers, a mercantile partnership doing business at Scottsboro, Alabama, against the appellant, a domestic corporation, whose principal place of business was at Montgomery; and was founded on a policy of insurance of a storehouse at Scottsboro against fire, which the defendant had issued to the plaintiffs.

Read the full summary

Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speaks. This action was brought by Caldwell Brothers, a mercantile partnership doing business at Scottsboro, Alabama, against the appellant, a domestic corporation, whose principal place of business was at Montgomery; and was founded on a policy of insurance of a storehouse at Scottsboro against fire, which the defendant had issued to the plaintiffs. The house was a two-story frame building, in which the plaintiffs carried on their mercantile business; and it was insured by the policy for $1,500. The policy was dated…

1Opinion of the Court

STONE, 0. J.

All men know that, in cities and towns, business bouses generally, and residences frequently, are constructed in such close proximity, that tbe loss of one by fire endangers others. It is on this account that fire-insurance companies, in placing their risks, take into tbe estimate wliat are called tbe exposures, and regulate tbe premiums they charge for insurance in reference thereto. So, if tbe braiding proposed to be insured be very valuable, and tbe sum to be insured be large, it is not customary to place tbe entire risk in one company, but in several. íhis, because if loss is…

2Cases cited7 opinions

  1. Commercial Fire Ins. v. AllenSupreme Court of Alabama · 1886
  2. Fire Insurance Companies v. FelrathSupreme Court of Alabama · 1884
  3. Phenix Insurance v. BowdreMississippi Supreme Court · 1890
  4. Central City Insurance v. OatesSupreme Court of Alabama · 1888
  5. Tillman v. De LacySupreme Court of Alabama · 1885

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Georgia Home Insurance v. AllenSupreme Court of Alabama · 1898
  2. Ray v. Fidelity-Phoenix Fire Ins.Supreme Court of Alabama · 1914
  3. New York Life Ins. Co. v. TurnerSupreme Court of Alabama · 1925
  4. New Brunswick Fire Ins. Co. v. NicholsSupreme Court of Alabama · 1923
  5. Indemnity Company of America v. PughSupreme Court of Alabama · 1931

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API