Chapman v. Hartford Fire Ins. Co.

The pleadings in this suit on a policy of fire insurance were in short by consent, with leave to give in evidence matters which might be specially pleaded. The trial was upon an agreed statement of facts, by the court, without a jury, and judgment was for defendant.

The question of waiver of default in payment of premium note (Insurance Co. v. Williams, 200 Ala. 681, 77 So. 159), or election (Galliher v. State Mutual Life Ins. Co., 150 Ala. 549, 43 So. 833, 124 Am. St. Rep. 83; Rose v. Citizens’ Ins. Co., 210 Ala. 72, 97 So. 81), cannot be presented by incorporating in the record proper the…