Georgia Home Insurance v. Kline & Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Si-iabpe. This is a suit, brought by H. A. Kline & Co., the appellees, against the appellant, the Georgia Home Insurance Company, on a fire insurance policy; and resulted on the trial below in a verdict and judgment for plaintiffs. From this judgment the present appeal is taken.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Si-iabpe. This is a suit, brought by H. A. Kline & Co., the appellees, against the appellant, the Georgia Home Insurance Company, on a fire insurance policy; and resulted on the trial below in a verdict and judgment for plaintiffs. From this judgment the present appeal is taken. There is but a single assignment of error, and it is based on the action of the trial court in overruling the defendant’s demurrer to plaintiffs’ replication to the pleas of the defendant. The substance of the pleas, replication and demurrer is…
1Opinion of the Court
HEAD, J. —
The plaintiffs sued the defendant, Insurance Company, for the loss by a fire of a stock of merchandise insured by the defendant.
The policy contained the following stipulation : “In the event of a disagreement as to the amount of the loss, the same shall as above provided be ascertained by two competent and disinterested appraisers, the insurance company and the insured each selecting one, and the two so chosen shall select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and failing to…
2Cases cited6 opinions
- Brewer v. BainSupreme Court of Alabama · 1877
- Edmundson v. WilsonSupreme Court of Alabama · 1895
- Graham v. WoodallSupreme Court of Alabama · 1888
- Wright v. BoltonSupreme Court of Alabama · 1845
- Yeatman v. MattisonSupreme Court of Alabama · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Second Society of Universalists v. Royal InsuranceMassachusetts Supreme Judicial Court · 1915
- Black v. WoodruffSupreme Court of Alabama · 1915
- Rutter v. Hanover Fire InsuranceSupreme Court of Alabama · 1902
- Solem v. Connecticut Fire InsuranceMontana Supreme Court · 1910
- Early v. Providence & Washington InsuranceSupreme Court of Rhode Island · 1910
3 more not listed; retrieve them via the Exa API.