Crescent Insurance v. W. R. Moore & Co.
Mississippi Supreme Court
Appeal from the Circuit Court of Attala County. ITon. C. H. Campbell, Judge. W. R. Moore & Co. having sued out an attachment against Black & Sudduth, on the 27th of November, 1885, caused the Crescent Insurance Company, of New Orleans, La., to be summoned as the debtor of Black & Sudduth.
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Appeal from the Circuit Court of Attala County. ITon. C. H. Campbell, Judge. W. R. Moore & Co. having sued out an attachment against Black & Sudduth, on the 27th of November, 1885, caused the Crescent Insurance Company, of New Orleans, La., to be summoned as the debtor of Black & Sudduth. The garnishee answered that it was not and had not been indebted to Black & Sudduth ; that Black & Sudduth, on the 19th of November, 1885, took out a policy of insurance against fire in this company to the amount of fifteen hundred dollars on their stock of merchandise; that this stock of merchandise was…
1Opinion of the CourtArnold, J.
An insurance company may be garnished as the debtor of a person whom it has insured, after loss has occurred under a policy which it has issued to such person, whether the claim for such loss has been adjusted or not. Drake on Attachment, 5th ed., § 549, and authorities there cited.
The proof on the trial of the issue raised by controverting appellant’s answer • showed,- prima fade, at least, liability on the part of appellant to Black & Sudduth. If appellant had any defense against the claim of Black & Sudduth it should have been made on that issue; but none was attempted' to be made on that…
2Cited by6 opinions
- Finch v. Great American InsuranceSupreme Court of Connecticut · 1924
- Ackerman v. TobinCourt of Appeals for the Eighth Circuit · 1927
- Briggs v. BenjaminMississippi Supreme Court · 1985
- American Nat. Ins. Co. v. United States Fidelity & G. Co.Mississippi Supreme Court · 1968
- Sexton v. Phoenix Ins.Supreme Court of North Carolina · 1903
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