Brown v. Commercial Fire Insurance
Supreme Court of Alabama
Appeal from the Circuit Couri of Montgomery. Heard, before the Hon. John P. Hubbard. This action was brought by George G. Brown, against the Commercial Eire Insurance Company, a corporation chartered under the laws of Alabama; and was founded on a policy of insurance against fire, issued by the defendant on the 4th January, 1886, in favor of one T. B. Sage, by whom it was assigned to the plaintiff.
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Appeal from the Circuit Couri of Montgomery. Heard, before the Hon. John P. Hubbard. This action was brought by George G. Brown, against the Commercial Eire Insurance Company, a corporation chartered under the laws of Alabama; and was founded on a policy of insurance against fire, issued by the defendant on the 4th January, 1886, in favor of one T. B. Sage, by whom it was assigned to the plaintiff. The property insured was described in the policy, according to the averments of the 5th plea, as follows: “On his frame flour-mill, and engine and boiler building, situated detached in Brownstown,…
1Opinion of the CourtOlopton, J.
The material and decisive defense urged to the action, which is founded on a policy of fire-insurance, is, that the assured failed to disclose the true ownership of the property insured. This defense is set up by several different pleas, varing somewhat in form and particularity of the averments as to the interest and title of the assured, but substantially the same in their legal effect. We shall take for consideration the one which avers the facts in the fullest manner, and with greatest particularity. The^plea alleges that the policy contained the following condition and stipulation: “This…
2Cases cited5 opinions
- Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
- City Council v. HughesSupreme Court of Alabama · 1880
- Williamson v. New Orleans InsuranceSupreme Court of Alabama · 1887
- Lasher v. St. Joseph Fire & Marine InsuranceNew York Court of Appeals · 1881
- Guilford & Co. v. KendallSupreme Court of Alabama · 1868
3Cited by40 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Metropolitan Life Ins. Co. v. CarterSupreme Court of Alabama · 1924
- Georgia Home Insurance v. AllenSupreme Court of Alabama · 1900
- Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
- Mishiloff v. American Central InsuranceSupreme Court of Connecticut · 1925
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