Phœnix Insurance v. Copeland
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the How. Wm. L. Hood, as special judge. This action was brought by Alpheus T. Copeland, as the assignee of Mrs. Dora Roberts and her husband, against the appellant, a New York corporation doing business in Alabama through its agents; and was founded on a policy of insurance against loss by fire, which Mrs. Roberts had effected with the defendant, on a house occupied by her as a family residence.
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Appeal from the Circuit Court of Chambers. Tried before the How. Wm. L. Hood, as special judge. This action was brought by Alpheus T. Copeland, as the assignee of Mrs. Dora Roberts and her husband, against the appellant, a New York corporation doing business in Alabama through its agents; and was founded on a policy of insurance against loss by fire, which Mrs. Roberts had effected with the defendant, on a house occupied by her as a family residence. The policy was for $1,500, dated February 1st, 1887, and for the term of one year. The house was destroyed by fire on the night of June 26th,…
1Opinion of the CourtOlopton, J.
Defendant, the Phoenix Insurance Company, issued the policy, on which this action is founded, to Mrs. Dora Roberts, February 1, 1887, and thereby insured against loss or damage by fire a building occupied by her as a residence. Defendant objected to the introduction in evidence of the transfer of the policy, by virtue of which plaintiff claims the right to sue thereon in his own name. It, may be conceded, that the assignment of the policy to plaintiff, not having been signed by Mrs. Roberts, did not, under section 2348 of the Code, operate to pass the title to plaintiff, so as to authorize…
2Cases cited3 opinions
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
- Phœnix Insurance v. CopelandSupreme Court of Alabama · 1888
- Phenix Insurance v. LamarIndiana Supreme Court · 1886
3Cited by21 opinions
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Travelers Indemnity Company v. ChappellMississippi Supreme Court · 1971
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
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