Farmers' Mut. Ins. v. Stewart
Supreme Court of Alabama
Appeal from Andalusia City Court. Heard before Hon. Ed T. Albritton. Assumpsit by the Farmers’ Mutual Insurance Association of the State of Alabama against D. B. Stewart and wife upon two- promissory notes. Judgment for defendants, and plaintiff appeals. Transferred from Court of Appeals.
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Appeal from Andalusia City Court. Heard before Hon. Ed T. Albritton. Assumpsit by the Farmers’ Mutual Insurance Association of the State of Alabama against D. B. Stewart and wife upon two- promissory notes. Judgment for defendants, and plaintiff appeals. Transferred from Court of Appeals. The pleas were the general issue, Avant of consideration, failure of consideration, and that the notes sued on were given for the premiums due upon two policies of fire insurance which were to be delivered to defendants bv plaintiff Avithin a feAV days after the notes Avere signed, but Avhicli Avere never in…
1Opinion of the CourtThomas, J.
The suit was for the amount of two notes given by appellees to appellant for a policy of fire insurance, which was to be issued and delivered to appellees,' insuring their dwelling, barns, and certain personal property therein. The first ten assignments of error were for the refusal of the court to admit evidence sought to be introduced by the appellant.(1) The test of relevancy is the tendency to prove the issues presented by the pleadings; its sufficiency being a question for the jury under proper instructions *25from the court. If the answer to a question may tend to prove the matters…
2Cases cited6 opinions
- Schuchardt v. AllensSupreme Court of the United States · 1864
- Home Insurance v. AdlerSupreme Court of Alabama · 1882
- Triple Link Mutual Indemnity Ass'n v. WilliamsSupreme Court of Alabama · 1898
- Phœnix Assurance Co. v. McAuthorSupreme Court of Alabama · 1897
- Stephenson v. AllisonSupreme Court of Alabama · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
- Manson v. StateCourt of Criminal Appeals of Alabama · 1977
- National Life Accident Ins. Co. v. BridgeforthSupreme Court of Alabama · 1929
- Metropolitan Life Ins. Co. v. JamesSupreme Court of Alabama · 1934
- Barton v. Burton Mfg. Co.Supreme Court of Alabama · 1918
6 more not listed; retrieve them via the Exa API.