Georgia Home Insurance v. Stein
Mississippi Supreme Court
From the circuit court of Leflore county. Hon. E. W. WixmaMSON, Judge. Action against the Georgia Home Insurance Company on a policy of fire insurance. The policy was issued to Mrs. E. Stein, insuring certain property which, at the time of issuance, was subject to two trust-deeds given by her, one in favor of the Delta Bank, of Greenwood, and the other in favor of W. H. Tribette.
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From the circuit court of Leflore county. Hon. E. W. WixmaMSON, Judge. Action against the Georgia Home Insurance Company on a policy of fire insurance. The policy was issued to Mrs. E. Stein, insuring certain property which, at the time of issuance, was subject to two trust-deeds given by her, one in favor of the Delta Bank, of Greenwood, and the other in favor of W. H. Tribette. The latter contained the following, among other stipulations: “Any loss that may be proven to be due the assured, under the contract, shall be payable to W. H. Tribette.” The action was brought in the name of Mrs.…
1Opinion of the CourtWoods, J.
This is an action on a policy of insurance, issued October 21, *9481892, for $2,300, containing the stipulation that any loss that may be proven to be due Stein under the contract for insurance shall be payable to Tribette, the usee in the suit. At the date of the issuance of the policy, Tribette held a mortgage made by Stein for $10,000, which embraced the property covered by the policy of insurance. The appellant knew of this mortgage,, and ‘' consented to it in the usual manner by putting a loss, payable clause in the policy, payable to W. H. Tribette,” to' quote the language employed in…
2Cases cited5 opinions
- Harrington v. Fitchburg Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1878
- Russell v. Cedar Rapids Ins.Supreme Court of Iowa · 1887
- American Central Insurance v. SweetserIndiana Supreme Court · 1888
- Bergman v. Commercial Assurance Co. of LondonCourt of Appeals of Kentucky · 1892
- Fire Ass'n of London v. Leon & BllumTexas Supreme Court · 1885
3Cited by11 opinions
- Fageol Truck & Coach Co. v. Pacific Indemnity Co.California Supreme Court · 1941
- Officer v. American Eagle Fire Ins. Co.Supreme Court of Louisiana · 1932
- First National Bank v. National Liberty InsuranceSupreme Court of Minnesota · 1923
- Aetna Insurance v. SmithMississippi Supreme Court · 1918
- Koshland v. Home InsuranceOregon Supreme Court · 1897
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