Burnett & Martin v. Eufaula Home Insurance
Supreme Court of Alabama
Appeal from Circuit Court of Barbour. Tried before Hon. J. McCaleb Wiley, ' It appeared from the complaint, that the plaintiffs, Burnett & Martin, as partners, were seeking to recover damages upon a policy of insurance issued by the defendant to Burnett, Martin & Swan, on their stock of goods and . merchandise. It was averred that prior to the loss, Swan retired from the firm,' and sold all of his interest to his said copartners.
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Appeal from Circuit Court of Barbour. Tried before Hon. J. McCaleb Wiley, ' It appeared from the complaint, that the plaintiffs, Burnett & Martin, as partners, were seeking to recover damages upon a policy of insurance issued by the defendant to Burnett, Martin & Swan, on their stock of goods and . merchandise. It was averred that prior to the loss, Swan retired from the firm,' and sold all of his interest to his said copartners. The policy, which was set out in the complaint, amongst other restrictions of liability, contained the following provision : “ Provided further, if the said property…
1Opinion of the CourtB. F. Saffold, J.
The field of inquiry is much narrowed by the definite settlement, long since, of some material propositions independent of the special contract of these parties. Policies of insurance, except marine, are not in their nature assignablenor is the interest in them ever intended to be transferable from one to another, without the express consent of the office. — 3 Brown’s Pari. *14Cases, 497. It is necessary the party insured should have an interest or property at the time of insuring, and at the time the fire happens. — Saddler’s Co. v. Babcock et al., 2 Atkyns, 554; Angell on Fire and Life Ins. §§…
2Cases cited2 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Wilson v. Genesee Mutual InsuranceNew York Supreme Court · 1853
3Cited by12 opinions
- Piedmont & Arlington Life Insurance v. YoungSupreme Court of Alabama · 1877
- Allemania Fire Insurance v. PeckIllinois Supreme Court · 1890
- Va. Fire & Marine Insurance v. VaughanSupreme Court of Virginia · 1892
- Earnest v. StateAlabama Court of Appeals · 1959
- Royal Exch. Assur. of London, Eng. v. AlmonSupreme Court of Alabama · 1921
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