Stewart v. Coleman & Co.
Mississippi Supreme Court
Appeal from the chancery court of Harrison connty. IioN. W. M. DeNNy, Chancellor. Snit by R. L. Stewart against Coleman & Co. Suit dismissed and complainant appeals. The facts are fully stated in the opinion of the court. Possession of an insurance policy raises a presumption of validity, delivery and regularity in all respects, and also payment of premium. Gardner v. United Surety Go., 26 L. R. A. (N. S.) 1004; Massachusetts Ben.
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Appeal from the chancery court of Harrison connty. IioN. W. M. DeNNy, Chancellor. Snit by R. L. Stewart against Coleman & Co. Suit dismissed and complainant appeals. The facts are fully stated in the opinion of the court. Possession of an insurance policy raises a presumption of validity, delivery and regularity in all respects, and also payment of premium. Gardner v. United Surety Go., 26 L. R. A. (N. S.) 1004; Massachusetts Ben. Life v. Sibley, 42 N. E. (Ill.) 137; Jones. v. New York• Life Ins. Go., 47 N. E. (Mass.) 92. “It is too late in the history of jurisprudence,' if such time ever…
1Opinion of the CourtEthridge, J.
B. L. Stewart bought a manufacturing plant and certain lots upon Avhich said factory was situated from the Bank of Commerce of Gulfport, Miss., at and for the sum of sixteen thousand - dollars, and executed a deed of trust in favor of said bank for sixteen thousand dollars, in which deed of trust he agreed to keep the property insured in a sum not less than sixteen thous- and - dollars, payable to the bank as its interests may appear, and agreed that if he failed to procure the in--surance, the bank could procure the insurance and charge him with the premiums thereon as part of the…
2Cases cited3 opinions
- Purvis v. WoodwardMississippi Supreme Court · 1901
- Aetna Insurance v. SmithMississippi Supreme Court · 1918
- Interstate Fire Ins. v. NelsonMississippi Supreme Court · 1913
3Cited by32 opinions
- Tombigbee Electric Power Ass'n v. GandyMississippi Supreme Court · 1953
- Partee v. PeppleMississippi Supreme Court · 1944
- Home Ins. Co. of N.Y. v. ThornhillMississippi Supreme Court · 1932
- Ryals v. DouglasMississippi Supreme Court · 1949
- Jones v. Dubuque Fire & Marine InsuranceSupreme Court of Pennsylvania · 1934
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