Rose v. Citizens' Ins. Co. of Missouri
Citation | 210 Ala. 72,97 So. 81 |
Decision Date | 28 June 1923 |
Docket Number | 4 Div. 84. |
Court | Supreme Court of Alabama |
Parties | ROSE v. CITIZENS' INS. CO. OF MISSOURI. |
Appeal from Circuit Court, Pike County; Arthur B. Foster, Judge.
Action on promissory note by the Citizens' Insurance Company of Missouri against J. B. Rose. From a judgment for plaintiff defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. Affirmed.
R. S Parks, of Troy, for appellant.
Steiner Crum & Weil, of Montgomery, and C. C. Brannen, of Troy, for appellee.
This was an action on a promissory note given to secure the payment of the premium for a policy of fire and tornado insurance. The insurance was for a period of five years and the premium was payable in five installments yearly in advance. Appellant failed to pay the second installment whereupon appellee sued for the entire unpaid premium. Appellant's third plea set out the following stipulation of the contract of insurance:
and alleged nonpayment of all installments falling due since the first. Appellee's demurrer to this plea was sustained, and that ruling is assigned for error.
The substance of the argument for the plea is that the suit amounts to an effort to enforce a forfeiture to which the court will not lend its aid. The binding force of the stipulation, into which the parties have entered freely, is maintained by the courts elsewhere with practical unanimity. 26 C.J. § 120, p. 115; 2 Cooley's Briefs, p. 1873, where the cases are collected. We see no convincing reason why this court should hold otherwise.
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