Springfield Fire & Marine Insurance v. DeJarnett
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the appellee, Hugh M. DeJarnett, against the appellant, the Springfield Fire & Marine Insurance Company, to recover upon a contract of insurance, for the destruction of a small house in the town of Cleveland, Jefferson county, Alabama. The facts are so few upon which there is an agreement, that it is scarcely necessary to note them.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the appellee, Hugh M. DeJarnett, against the appellant, the Springfield Fire & Marine Insurance Company, to recover upon a contract of insurance, for the destruction of a small house in the town of Cleveland, Jefferson county, Alabama. The facts are so few upon which there is an agreement, that it is scarcely necessary to note them. Almost every fact in the case is controverted, except that appellee desired insurance. The facts of the case, as gathered from the bill of exceptions may be…
1Opinion of the CourtColeman, J.
The action is to recover damages for the loss of a house destroyed by fire. The complaint, as originally framed, consisted of two counts, counting on a policy of insurance. The complaint was amended by adding four additional counts. The third count was also on a policy of insurance. The fourth count claimed that the house was insured under a verbal agreement. The fifth count averred an agreement to issue a policy of insurance, by extending a policy (989), so as to cover the building, and a breach of the agreement. The sixth count is not very clear. As we construe it, the cause of action is…
2Cases cited17 opinions
- Semple v. GlennSupreme Court of Alabama · 1890
- Commercial Fire Insurance v. Morris & Co.Supreme Court of Alabama · 1894
- Mohr v. LemleSupreme Court of Alabama · 1881
- Mahan v. SmithermanSupreme Court of Alabama · 1882
- Elmore v. Simon & Bro.Supreme Court of Alabama · 1880
12 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Hartford Fire Insurance Company v. ShapiroSupreme Court of Alabama · 1960
- Westchester Fire Ins. Co. of New York v. GreenSupreme Court of Alabama · 1931
21 more not listed; retrieve them via the Exa API.