Reports of Cases Argued and Determined in the Supreme Court of Alabama During June Term, 1858, and January Term, 1859, Vol. 33 (Classic Reprint)

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Excerpt from Reports of Cases Argued and Determined in the Supreme Court of Alabama During June Term, 1858, and January Term, 1859, Vol. 33There is no reversible error, and the judgment is affirmed.Stone, J - I think this case should be reversed, on that part of the affirmative charge which relates to the doctrine of waiver. The charge asserts, in effect, that if the evidence be believed, the act of the president of the company was a waiver of all defects in the preliminary proof. While Iwould feel inclined to agree with the majority of the court, if the reply of the president were all the evidence on that point, yet Ithink, under the facts disclosed in this record, that inquiry should have gone to the jury. The testimony of Allen, if believed, shows that, before the assured had submitted any preliminary proof, his attorney was notified that the company would require a compliance with the conditions of the policy, to the very letter. Crandall subsequently, and before the company refused payment, made an unsuccessful attempt to procure a certificate from a magistrate near the scene of the fire and, I have no doubt, would have furnished the proper certificate, if he could have procured it.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.