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Report of Cases Argued and Determined in the Supreme Court of Alabama (80)

Report of Cases Argued and Determined in the Supreme Court of Alabama (80)


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ...value being undisputed, and there being no controversy as to the existence of three mortgages on the property prior to and at the time of theissuance of the policytwo executed by plaintiff himself to the New England Mortgage Security Company and B. K. Collier, respectively, and the tl1ird by Mrs. Roberts and her husband to plaintiff, from whom she purchased the property, to secure the purchasernoney_-the first controverted issue involves the information alleged to have been communicated to Jackson, the agent of the defendant, of the mortgages, while acting in the scope of his agency. There being evidence tending to show that Roberts, who represented his wife in obtaining the insurance. exhibited to Jackson an unsigned mortgage, showing the nature and extent of the incumbrances, the court substantially in structed the jury that, if this were true, Jackson was charged, Phoenix Insurance Co. v. Copeland and through him the company, with notice of the mortgages. The principle underlying this charge was virtually announced on the former appeal. In passing upon plaintiif's replication, averring the fact that Roberts laid before Jackson papers-showing the nature and extent of the incumbrances resting on the property, it was said: "This, if true, brought home to Jackson-'s knowledge the true condition of the title, contemporaneously with the acts done by him in placing the insurance." The charges in respect to this matter, given at the request of the plaintiff, are free from error.' The policy contained also a stipulation that it should be void, "if the assured shall have, or shall hereafter make, any other insurance (whether valid or not) on the property, without the consent of the company written...


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Product Details
  • ISBN-13: 9781151869791
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 336
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1151869791
  • Publisher Date: 01 Apr 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 599 gr


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