Home Insurance v. Scales
Mississippi Supreme Court
From the circuit court of Oktibbeha county. IIon. Newnan Catce, Judge. Action by appellees against appellant, the Home Insui’ance Company, of New York, on a policy of fire insurance.
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From the circuit court of Oktibbeha county. IIon. Newnan Catce, Judge. Action by appellees against appellant, the Home Insui’ance Company, of New York, on a policy of fire insurance. The building insured, a store-house in West Point, Miss., was occupied, when the policy was issued, by a firm of merchants, tenants of insured, under a lease to expire September 1,1892. On October 14, 1892, before the expiration of the policy, the building was destroyed by fire, and, the company having refused to recognize its liability, or to pay the face of the policy, this action ensued. Among other…
1Opinion of the CourtCampbell, C. J.
"Where the action of the court upon the pleadings determines the controversy between the parties, or some feature of it, and so puts an end to it as to withdraw it from the jury and eliminate it as a factor in the trial of issues of fact, this court should pass upon the action of the lower court on the pleadings; but where the matters involved in the altercations between the parties, however voluminous, and, though the judgment of the court be ever so often required and given, are afterwards litigated before a jury trying the case, this court, on appeal, will not perform the useless task of…
2Cited by9 opinions
- Travelers Fire Insurance v. Bank of New AlbanyMississippi Supreme Court · 1962
- Insurance Co. of North America v. PittsMississippi Supreme Court · 1906
- Terwilliger v. Union Fire, Accident & General Ins.Louisiana Court of Appeal · 1938
- Conley v. Queen Insurance Co. of AmericaCourt of Appeals of Kentucky (pre-1976) · 1934
- Home Ins. Co. v. HardinMississippi Supreme Court · 1932
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