Georgia Home Insurance v. Holmes
Mississippi Supreme Court
From the circuit court of Scott county. Hon. A. G. Mayers, Judge. This was an action upon a fire insurance policy. The plaintiff, David B. Holmes, recovered judgment in the circuit court, and the defendant, the insurance company, appealed to the supreme court. The facts upon which the controverted questions arose are stated in the opinion of the court. 1. The condition limiting the period for bringing suits to twelve months is valid. Ohio v. Ins.
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From the circuit court of Scott county. Hon. A. G. Mayers, Judge. This was an action upon a fire insurance policy. The plaintiff, David B. Holmes, recovered judgment in the circuit court, and the defendant, the insurance company, appealed to the supreme court. The facts upon which the controverted questions arose are stated in the opinion of the court. 1. The condition limiting the period for bringing suits to twelve months is valid. Ohio v. Ins. Go., 65 Miss., 532. The courts of this state have no original jurisdiction of the persons of foreign insurance corporations; and the manner of…
1Opinion of the CourtWoods, C. J.
There are two serious questions presented by this appeal, and 1hey are as follows:
1. Was this action begun within one year after the loss by fire of the assured property occurred?
2. AVas the policy avoided by the anti-mortgage clause contained therein?
We consider them in the order named. The loss is shown to have occurred on the 30th day of November, 1894, and the declaration was filed on October 8, 1895, and summons issued for the Georgia Home Insurance Company immediately, to Scott county, returnable to the next term of the court. This process was not executed, as it appears, because no…
2Cases cited1 opinion
- Continental Insurance v. MansfieldMississippi Supreme Court · 1871
3Cited by12 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Glens Falls Insurance Co. v. MichaelIndiana Supreme Court · 1905
- Home Mutual Fire Insurance v. PittmanMississippi Supreme Court · 1916
- Allesina v. London InsuranceOregon Supreme Court · 1904
- Scottish Union & National Ins. v. WylieMississippi Supreme Court · 1915
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