Aetna Insurance v. Smith
Mississippi Supreme Court
Appeal from tlie circuit court of Choctaw county. Hon. H. H. Kodgees, Judge. Suit by Smith, McKinnon & Son against the Aetna Insurance Company. From a judgment for plaintiff, •defendant appeals. The facts are fully stated in the opinion of the court. I refer the court to the copy of my brief in the Palatine Insurance Company case as to a discussion of the third proposition mentioned in the additional briefs requested.
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Appeal from tlie circuit court of Choctaw county. Hon. H. H. Kodgees, Judge. Suit by Smith, McKinnon & Son against the Aetna Insurance Company. From a judgment for plaintiff, •defendant appeals. The facts are fully stated in the opinion of the court. I refer the court to the copy of my brief in the Palatine Insurance Company case as to a discussion of the third proposition mentioned in the additional briefs requested. As to the first proposition: “Was the assignment of the policy to Sanderson absolute or for the purpose of securing payment to him of the debt due him by appellee? We insist…
1Opinion of the CourtHolden, J.
Smith, McKinnon & Son, appellees, recovered a judgment for one thousand five hundred dollars against the appellant, -¿Etna Insurance Co., on a policy of fire insurance issued March 27, 1914, covering a building which was destroyed by fire February 2, 1915. The insurance company appeals,, and assigns several errors of the lower court upon which it asks for reversal; but we think only two contentions deserve notice, which are: That the appellant should have *334been granted a peremptory instruction by the lower court, because, first, the policy of insurance sued on was void at the time of the fire…
2Cases cited19 opinions
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Washington Fire Insurance v. KellyCourt of Appeals of Maryland · 1870
- Anderson v. Manchester Fire Assurance Co.Supreme Court of Minnesota · 1894
- Dickey, Tansley & Co. v. Pocomoke City National BankCourt of Appeals of Maryland · 1899
- Rivara v. Queen's InsuranceMississippi Supreme Court · 1885
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Stewart v. Coleman & Co.Mississippi Supreme Court · 1919
- Highlands Insurance Company v. Allstate Insurance CompanyCourt of Appeals for the Fifth Circuit · 1982
- Hartford Fire Insurance v. Mutual Savings & Loan Co.Supreme Court of Virginia · 1952
- Turner v. New Brunswick Fire Ins. Co.New Mexico Supreme Court · 1941
- Inter-Southern Life Ins. v. HumphreyMississippi Supreme Court · 1920
6 more not listed; retrieve them via the Exa API.