Georgia Home Insurance v. Schild
Mississippi Supreme Court
From the circuit court of Holmes county. Hon. C. H. Campbell, Judge. The appellee brought suit upon a fire insurance policy for $1,500, issued by appellant on his household furniture, effects, etc.
Read the full summary
From the circuit court of Holmes county. Hon. C. H. Campbell, Judge. The appellee brought suit upon a fire insurance policy for $1,500, issued by appellant on his household furniture, effects, etc. The policy contained, among others, the following condition: “If there be a mortgage, bill of sale or other lien upon the property hereby insured, or any part of it, either prior or subsequent to the issuance of this policy, without the fact being indorsed thereon, then, and in every such case, this policy shall be void.” On trial in the court below, the appellant, by way of defense, introduced…
1Opinion of the CourtWhitfield, J.
‘ ‘ Incumbrances, without the consent of the company, do not include those liens and claims, such, for instance, as judgment liens, which are enforcible against the will of the insured, but only such as may be created by his consent, and on application to the company for its consent.” 1 May on Ins. (3d ed.), § 292; 1 Wood on Ins., § 352; Bailey v. Insurance Co., 80 N. Y., 21. In the case cited on this point by counsel for appellant (Hench v. Insurance Co., 122 Pa. St., 128; 15 Atl., 671), the clause in the policy recited expressly that if the property shall become incumbered by mortgage,…
2Cases cited2 opinions
- Baley v. . Homestead Fire Ins. Co.New York Court of Appeals · 1880
- Hench v. Agricultural Ins.Supreme Court of Pennsylvania · 1888
3Cited by3 opinions
- Sands v. Bankers' Fire InsuranceSupreme Court of Virginia · 1937
- Day v. Hustisford Farmers Mutual InsuranceWisconsin Supreme Court · 1927
- Sands v. Bankers' Fire InsuranceSupreme Court of Virginia · 1937