Cartmell v. Mechanics' Ins. Co.

The Mechanics’ Insurance Company, a foreign corporation, with an agency in Shelby county, issued a policy to R. B. Cartmell, of Madison County, insuring his automobile against fire and theft. There was a loss payable clause for the benefit of J. P. J. Bruce Company, a corporation located in Shelby County.

The bill was filed in the chancery court of Madison County to recover on the policy. Process was served on the state insurance commissioner. The chancellor sustained defendant’s plea in abatement, and complainant appealed. The question presented is whether or not the action can be maintained…