Western Assurance Co. v. McGlathery
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action brought by the appellee, D. R. McGlathery, against the appellant, the Western Assurance Company of Toronto ; and sought to recover for the loss of a stock of goods by fire, which was covered by an insurance policy issued by the defendant. The complaint was in the statutory form and contained but one count.
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Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action brought by the appellee, D. R. McGlathery, against the appellant, the Western Assurance Company of Toronto ; and sought to recover for the loss of a stock of goods by fire, which was covered by an insurance policy issued by the defendant. The complaint was in the statutory form and contained but one count. The defendant pleaded the general issue and the following special pleas : “2d. A breach of the warranties contained in the ‘Iron Safe Clause,’ which is as follows: 'Iron Safe Clause :…
1Opinion of the CourtBrickell, C. J.
A replication, answering a plea but in part, leaving a material part unanswered, is bad on demurrer. There must, however, be a material part of the plea unanswered, or there is no room or reason for the application of the rule. .The part of the second plea it is supposed the replication leaves unanswered, is a mere negation that the plaintiff kept the books, which under the clause of the policy set out in the plea, he was under the duty of keeping, in the precise manner and place prescribed in the clause. There is no denial that | the plaintiff kept the books, nor that they were preserved…
2Cases cited2 opinions
- Liverpool & London & Globe Insurance v. EllingtonSupreme Court of Georgia · 1894
- Liverpool & London & Globe Insurance v. SheffyMississippi Supreme Court · 1894
3Cited by22 opinions
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Tucker v. Colonial Fire InsuranceWest Virginia Supreme Court · 1905
- Western Reciprocal Underwriters' Exchange v. CoonSupreme Court of Oklahoma · 1913
- Ætna Insurance v. LipsitzSupreme Court of Georgia · 1908
- Ætna Insurance v. JohnsonSupreme Court of Georgia · 1907
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