Traders' Insurance v. Letcher
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Bay re. This: was an action brought on the 25th day of July, 1903, by Mrs. J. C. Letcher, appellant, against the Traders’ Insurance Company, appellee, for $200.00, the value of certain household and kitchen furniture, etc., alleged to have been insured under a certain policy of insurance in said company, and which was alleged to have been destroyed by fire on the 31st day of December, 1902. The defendant…
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Bay re. This: was an action brought on the 25th day of July, 1903, by Mrs. J. C. Letcher, appellant, against the Traders’ Insurance Company, appellee, for $200.00, the value of certain household and kitchen furniture, etc., alleged to have been insured under a certain policy of insurance in said company, and which was alleged to have been destroyed by fire on the 31st day of December, 1902. The defendant pleaded the general issue and the following special pleas: 2. “That in the policy of insurance issued try the defendant…
1Opinion of the CourtTyson, J.
Action on policy of fire insurance.
The property covered by the policy, which was destroyed, was household and kitchen furniture. The third plea of defendant, which sought to set up as a defense a certain term of the policy, failed to aver that plaintiff was under any duty to comply with it and for this reason, if for no other, was subject to the demurrer interposed to it. But aside from this, we feel no hesitancy in holding that the clause of the policy recited in this plea, was not intended to impose, and did not impose, any obligation upon the insured with respect to the property covered by…
2Cases cited3 opinions
- Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898
- Central of Georgia Railway Co. v. JosephSupreme Court of Alabama · 1899
- Continental Fire Ins. v. BrooksSupreme Court of Alabama · 1901
3Cited by7 opinions
- Hall & Brown Woodworking Machine Co. v. Haley Furniture & Mfg. Co.Supreme Court of Alabama · 1911
- Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
- Wiggins v. Stewart Bros.Supreme Court of Alabama · 1926
- Morris v. 1st National BankSupreme Court of Alabama · 1909
- Florence v. CarrSupreme Court of Alabama · 1933
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