Pennsylvania Fire Ins. v. Draper
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. John C. Pugi-i. Action by R. W. Draper against tbe Pennsylvania Fire Insurance Company on a fire insurance policy. Judgment for plaintiff and defendant appeals. Tbe facts sufficiently appear.
Read the full summary
Appeal from Jefferson Circuit Court. Heard before Hon. John C. Pugi-i. Action by R. W. Draper against tbe Pennsylvania Fire Insurance Company on a fire insurance policy. Judgment for plaintiff and defendant appeals. Tbe facts sufficiently appear. Tbe following charges were refused defendant: (9) Tbe court charges you that, if you believe from all tbe evidence in this case that defendant’s agent, Reynolds, took a nonwaiver agreement from plaintiff as soon as said Reynolds became aware of the breach of tlie conditions and covenants contained in tlie said policy of insurance by plaintiff, then…
1Opinion of the CourtGardner, J.
This is a suit by appellee against appellant, substantially in Code form, on a policy of fire insurance issued to appellee on his stock of goods. There were two counts, the second count claiming also the statutory penalty of 25 per cent, of actual damages or loss, for the reason of membership of defendant company in a tariff association wherein certain premium rates were fixed, etc. The sole defense interposed was a breach of the “iron-safe clause,” wherein defendant claimed the inventory was not properly kept nor produced, nor were the books kept in compliance with the provisions of the…
2Cases cited13 opinions
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Georgia Home Insurance v. AllenSupreme Court of Alabama · 1900
- Tillis v. Liverpool & London & Globe InsuranceSupreme Court of Florida · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Berry v. City of New York Ins. Co.Supreme Court of Alabama · 1923
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Halle v. BrooksSupreme Court of Alabama · 1923
- Queen Insurance v. Patterson Drug Co.Supreme Court of Florida · 1917
27 more not listed; retrieve them via the Exa API.