Phœnix Insurance v. Copeland
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. John M. Chilton, as special judge. This action was brought by Alpheus T. Copeland, as assignee of Mrs. Dora Roberts, against the appellant, a New York corporation doing business, through its agents, in Alabama ; and was founded on a policy of insurance against loss by fire, which Mrs. Roberts had effected with the defendant, “to the amount of $1,500, on her one-story frame dwelling-house, occupied by her as a…
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Appeal from the Circuit Court of Chambers. Tried before the Hon. John M. Chilton, as special judge. This action was brought by Alpheus T. Copeland, as assignee of Mrs. Dora Roberts, against the appellant, a New York corporation doing business, through its agents, in Alabama ; and was founded on a policy of insurance against loss by fire, which Mrs. Roberts had effected with the defendant, “to the amount of $1,500, on her one-story frame dwelling-house, occupied by her as a family residence, situated on her plantation three miles from West Point, Georgia, on the road leading to Eredonia,…
1Opinion of the CourtStone, C. J.
The trial court sustained plaintiff’s demurrers to pleas numbered from 3 to 7, inclusive. In pleas 9, 10, and 11, defendant set up, and with fuller statement of facts, all the defenses which had been attempted to be made in pleas 3 and 7. Demurrers to pleas 9, 10, and *55611 were overruled, and under tbem tbe defendant had the benefit of every defense he could have made under pleas 3 to 7. We need not consider the propriety of the court’s ruling in sustaining plaintiff’s demurrers noticed above. If error, it was error without injury.—3 Brick. Dig. 405, § 20.
The Circuit Court sustained demurrers to…
2Cases cited5 opinions
- Commercial Fire Ins. v. AllenSupreme Court of Alabama · 1886
- Piedmont & Arlington Life Insurance v. YoungSupreme Court of Alabama · 1877
- Allen v. WhiteSupreme Court of Alabama · 1849
- Claghorn v. LingoSupreme Court of Alabama · 1878
- Chancy v. ThweattSupreme Court of Alabama · 1890
3Cited by25 opinions
- First Alabama Bank Of Montgomery, N.A. v. First State Insurance CompanyCourt of Appeals for the First Circuit · 1990
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Roberts v. WilliamsSupreme Court of Alabama · 1916
- Johnson v. StateSupreme Court of Alabama · 1916
- Western Assurance Co. v. StoddardSupreme Court of Alabama · 1889
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