Home Insurance Co. of New York v. Gibson
Mississippi Supreme Court
From the circuit court of Holmes county. Hon. C. H. Gamfbelu, Judge. The opinion sufficiently states the case to indicate the questions decided. As to the application for a continuance, the decision seems to depend entirely upon a question of fact. Therefore, it is not deemed necessary to make any statement in regard to this, or to give the argument of counsel on the point.
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From the circuit court of Holmes county. Hon. C. H. Gamfbelu, Judge. The opinion sufficiently states the case to indicate the questions decided. As to the application for a continuance, the decision seems to depend entirely upon a question of fact. Therefore, it is not deemed necessary to make any statement in regard to this, or to give the argument of counsel on the point. In his declaration appellee concedes ths warranty of fee -simple title to the property, but changes the description of •title from fee simple to the unconditional ownership for a term of years. The policy is filed as a…
1Opinion of the CourtWhitfield, J.
We cannot say there was any abuse of discretion in refusing' the continuance.
The two grounds of defense mainly relied on are: First, that, the appellee was not the owner in fee simple of the ground on which the building, the subject of insurance, was situated; and, second, that the interest of the insured was " other than the unconditional and sole ownership ’ ’ of the building.
Appellee testified that W. A. Drennan, Jr., the agent with whom the contract of insurance was made, was in (to use his. language) ‘' my, house a few days before, and .T told him all about the lease, and ashed him to…
2Cases cited11 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1887
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- Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908
- MacKintosh v. Agricultural Fire Ins. Co.California Supreme Court · 1907
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- New York Life Insurance v. O'DomMississippi Supreme Court · 1911
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