Hanover Fire Ins. Co. v. Wood
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Action by W. J. Wood against the Hanover Fire Insurance Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Action by W. J. Wood against the Hanover Fire Insurance Company. From a judgment for plaintiff, defendant appeals. The action is on a fire insurance policy by which defendant insured plaintiff’s stock of merchandise and store furniture and fixtures for one year for $2,000. It is alleged that the policy was issued on June 27 or 29, 1919, and that the insured property was destroyed by fire on December 5, 1919. Besides the general issue defendant pleaded pleas numbered 2 to 13. Demurrers were sustained to pleas 2, 3, 10, and 11.…
1Opinion of the CourtSomerville, J.
[1] “Where one is sought to be charged with the act of another, proof of the authority under which the act was done is indispensable; * * * and as the evidence must harmonize with the pleading, it should be substantially, yet distinctly, alleged that the act was the principal’s, or authorized by him.” Childress v. Miller, 4 Ala. 447, 450. So, where the complaint alleges merely that an agent did an act purporting to bind his principal, it is insufficient as against apt demurrer. It should go further and allege that the agent was duly authorized to act for the principal in that behalf. May v.…
2Cases cited9 opinions
- Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898
- Buckley v. Citizens' Insurance Co. of MissouriNew York Court of Appeals · 1907
- Continental Insurance v. ParkesSupreme Court of Alabama · 1904
- Security Mutual Life Insurance v. RileySupreme Court of Alabama · 1908
- Prine v. American Central Ins.Supreme Court of Alabama · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Williams v. BedenbaughSupreme Court of Alabama · 1926
- Fidelity & Casualty Co. v. RileyCourt of Appeals of Maryland · 1935
- Meyer v. National Fire InsuranceNorth Dakota Supreme Court · 1936
- Jorgensen v. KnutsonSupreme Court of Minnesota · 2003
- Paterson & Edey Lumber Co. v. Carolina-Portland Cement Co.Supreme Court of Alabama · 1927
33 more not listed; retrieve them via the Exa API.