Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.
Supreme Court of Alabama
Appeal from the City Court of Talladega. Tried before the Hon. John W. Bishop. This action was brought by the appellee against the appellant, and counted in the Code form, upon a policy of insurance.
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Appeal from the City Court of Talladega. Tried before the Hon. John W. Bishop. This action was brought by the appellee against the appellant, and counted in the Code form, upon a policy of insurance. The defendant pleaded the general issue, and by the second special plea, it set up the violation of a contract of insurance, in that, contrary to the stipulations of said contract, the plaintiff obtained additional insurance upon the goods alleged to have been damaged, without giving notice to, and obtaining the written consent of, the defendant. To this second special plea, the1 plaintiff filed…
1Opinion of the CourtSharpe, J.
The action is in the Code form npon a policy of fire insurance.
The errors assigned relate only to the action of the court in overruling demurrers to replications 2, 3, 4, 5, 7 and 9 to the 2d plea, and in overruling the demurrer to the special rejoinder to those replications.
The 2d plea averred in substance that the plaintiff violated the contract of insurance by obtaining contrary to its stipulations additional insurance upon the goods alleged to have been damaged, without giving notice to and obtaining the written consent of the defendant.
The replications in question each set up in…
2Cases cited16 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
11 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
46 more not listed; retrieve them via the Exa API.