Shivers v. Farmers Mutual Fire Insurance
Mississippi Supreme Court
Appeal from the circuit court of Simpson county. Hon. W. H. Hughes, Judge. . Suit by W. D. Shivers against the Farmers Mutual Fire Insurance Company. From a judgment sustaining a demurrer to the declaration, plaintiff appeals. The facts are stated in the opinion of the court.
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Appeal from the circuit court of Simpson county. Hon. W. H. Hughes, Judge. . Suit by W. D. Shivers against the Farmers Mutual Fire Insurance Company. From a judgment sustaining a demurrer to the declaration, plaintiff appeals. The facts are stated in the opinion of the court. The sole question, as we see it, presented to this court, is whether or not the plaintiff should have filed his suit in the chancery court for a reformation of a contract of insurance, and ask for a judgment under the reformed contract or whether or not he had a standing in the forum in which he did go, which is the…
1Opinion of the CourtAnderson, J.
The appellee, the Farmers’ Mutual Fire Insurance Company, entered into a contract of insurance with appellant, W. D. Shivers, by the terms of which it insured his dwelling house and household furniture in the sum of seven hundred dollars against loss by fire. The property insured was destroyed by fire, and on- appellee’s failure to pay the loss claimed appellant brought this suit. To the declaration appellee interposed a' demurrer, which was by the court sustained, and the suit dismissed, from which judgment this appeal is prosecuted.
The question presented by the declaration and demurrer is…
2Cases cited9 opinions
- State Insurance v. SchreckNebraska Supreme Court · 1889
- Sanders v. . CooperNew York Court of Appeals · 1889
- Prieger v. Exchange Mutual InsuranceWisconsin Supreme Court · 1858
- Boyd v. Mississippi Home InsuranceMississippi Supreme Court · 1897
- Phenix Ins. v. GebhartNebraska Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Commercial Cas. Ins. Co. v. SkinnerMississippi Supreme Court · 1941
- Farmers Mutual Insurance v. MartinMississippi Supreme Court · 1956
- Queen Ins. v. Delta Gin Co.Mississippi Supreme Court · 1950
- Georgia Life Ins. v. Mississippi Cent. R.Mississippi Supreme Court · 1917