Traders' Insurance Co. of Chicago v. Edwards Post No. 22, Grand Army of the Republic
Mississippi Supreme Court
From tbe circuit court of Warren county. ■ How. George ANdersoN, Judge. Seventy-seven persons composing tbe unincorporated association known as tbe E. D. Edwards Post No. 22, Grand Army of tbe Republic, suing in tbe name of tbe association, tbe ap-pellees, were plaintiffs in tbe court below; tbe insurance company, tbe appellant, was defendant there.
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From tbe circuit court of Warren county. ■ How. George ANdersoN, Judge. Seventy-seven persons composing tbe unincorporated association known as tbe E. D. Edwards Post No. 22, Grand Army of tbe Republic, suing in tbe name of tbe association, tbe ap-pellees, were plaintiffs in tbe court below; tbe insurance company, tbe appellant, was defendant there. Erom a judgment in plaintiffs’ favor tbe defendant appealed to tbe supreme court. ■Tbe fire insurance policy insured on contained tbe following clause: “Does insure E. D. Edwards Post No. 22, G. A. E., for the term of three years, from January 14,…
1Opinion of the CourtCos, J.
The time for which appellant undertook to insure the society hall of appellee and its furniture and paraphernalia is fixed in the policy as being “for the term of three years, from January 14, 1903, at noon, to January 14, 1904, at noon.” This attempted statement of the time for the duration of the contract involves two descriptions, each of. which is perfectly clear in itself, but which are mutually inconsistent and contradictory. It is a palpable case of equivocation in description, induced, doubtless, by clerical misprision. The court erred in not permitting the introduction of parol…
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