Mississippi Fire Ass'n v. Stein
Mississippi Supreme Court
From tbe chancery court of Leflore county. Hon. Percy Bell, Chancellor. Stein, the appellee, was complainant in the court below; the insurance association, the appellant, was defendant there. From a decree in complainant’s favor, reforming the policy by writing a vacancy permit into it and enforcing it as reformed, the defendant appealed to the supreme court. Appellee was a stockholder in the appellant association, the same being an incorporated company.
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From tbe chancery court of Leflore county. Hon. Percy Bell, Chancellor. Stein, the appellee, was complainant in the court below; the insurance association, the appellant, was defendant there. From a decree in complainant’s favor, reforming the policy by writing a vacancy permit into it and enforcing it as reformed, the defendant appealed to the supreme court. Appellee was a stockholder in the appellant association, the same being an incorporated company. He insured a dwelling house, occupied usually by his tenants, in said association. At various times he obtained vacancy permits from the…
1Opinion of the CourtCauhoon, J.
It can make no difference in his right to recover for a fire loss that Mr. Stein was a stockholder in the company which insured his house. Even if it were correct that the questions here were not in the jurisdiction of chancery, as previously understood, it is clear that this cannot be availed of since the adoption of sec. 147 of the constitution of 1890; the chancellor having taken jurisdiction and decided the case.
The bill in this case is to reform an insurance policy by inserting a vacancy permit from May 20 to June 20, 1904 — thirty days; the loss having occurred on the night of May 20,…
2Cited by4 opinions
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- &198tna Ins. Co. v. LesterMississippi Supreme Court · 1934
- Sutherland v. Federal InsuranceMississippi Supreme Court · 1910
- Travelers' Fire Ins. v. PriceMississippi Supreme Court · 1934