Groce v. Phoenix Insurance
Mississippi Supreme Court
From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Groce, the appellant, was plaintiff in the court below, and the insurance company, appellee, was defendant there. From a judgment in the defendant’s favor plaintiff appealed to the supreme court.
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From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Groce, the appellant, was plaintiff in the court below, and the insurance company, appellee, was defendant there. From a judgment in the defendant’s favor plaintiff appealed to the supreme court. The opinion of the court sufficiently states the facts: Was the plaintiff at the time of the issuance of the policy, owner of the realty whereon the saw mill plant was located to the extent that he could legally institute and maintain this suit ? It cannot be denied that plaintiff was in no way guilty of any fraud or wrongdoing,…
1Opinion of the Court
Eletcher, L,
delivered the opinion of the court.
This appellant, having insured certain sawmill property in the Phoenix Insurance Company and sustained a loss by fire, brought suit on the insurance contract. On the trial many defenses were interposed, presented by a variety of pleas and notices; but the course of the pleading and the evidence offered have eliminated from consideration every question except one, arising under section 2522 of the Code of 1906, which question may be thus stated: The policy of insurance contained the familiar stipulation to the effect that the policy should be void…
2Cases cited6 opinions
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- Phenix Insurance v. BowdreMississippi Supreme Court · 1890
- Rochester Loan & Banking Co. v. Liberty InsuranceNebraska Supreme Court · 1895
- Steinmeyer v. SteinmeyerSupreme Court of South Carolina · 1902
- Calhoun v. FaraldoSupreme Court of Louisiana · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bacot v. Phoenix Insurance Co. of BrooklynMississippi Supreme Court · 1909
- Lewin v. Telluride Iron Works Co.Court of Appeals for the Eighth Circuit · 1921
- Beatrice Creamery Co. v. SylvesterSupreme Court of Colorado · 1919
- United States v. TorresDistrict Court, D. Maryland · 1923
- Wilkinson v. GozaMississippi Supreme Court · 1932
12 more not listed; retrieve them via the Exa API.