Pollard v. Phœnix Insurance
Mississippi Supreme Court
Appeal from the Circuit Court of Chickasaw County. Hon. J. W. Buchanan, Judge. Mrs. M. A. Pollard brought au action of assumpsit against the Phoenix Insurance Company.
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Appeal from the Circuit Court of Chickasaw County. Hon. J. W. Buchanan, Judge. Mrs. M. A. Pollard brought au action of assumpsit against the Phoenix Insurance Company. The declaration alleged that Mrs. Pollard was a merchant in Okolona; that she owned a certain stock of goods, wares, and merchandise there situated; that she entered into a contract of insurance against loss by fire thereon with the agent of defendant some time in February, 1884, the contract to run for one year; that this stock of goods was destroyed in June, 1884; that she made proof of loss, as required, in September, 1884,…
1Opinion of the CourtCampbell, J.
The replication to the fifth plea was sufficient. It directly traverses the averment of the plea that the plaintiff did not, as soon as possible after the loss, render a particular account of it, as required by the policy, and affirms that the plaintiff did render *256such account as soon as possible, “as the nature of the case and surrounding circumstances would admit.” The addition of the words quoted was the mere expression of what the law implies in every such case, viz.: that the particular account shall be rendered as soon as possible in the nature of the case, and under the circumstances…
2Cited by11 opinions
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