Phenix Insurance v. Bowdre
Mississippi Supreme Court
From the circuit court of Tate county. Hon. W. M. Rogers, Judge. Appellees, T. B. and W. B. Bowdre, sued the Phenix Insurance Company, of Brooklyn, New York, on a policy issued May 17, 1888, insuring the residence of plaintiffs in Tate county, near Senatobia, Miss., against loss by fire to the amount of $2000. The building was burned September 6, 1888. The two defenses relied upon by the company in this court are set forth in the opinion.
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From the circuit court of Tate county. Hon. W. M. Rogers, Judge. Appellees, T. B. and W. B. Bowdre, sued the Phenix Insurance Company, of Brooklyn, New York, on a policy issued May 17, 1888, insuring the residence of plaintiffs in Tate county, near Senatobia, Miss., against loss by fire to the amount of $2000. The building was burned September 6, 1888. The two defenses relied upon by the company in this court are set forth in the opinion. It is not deemed necessary to state the others. A provision of the policy required that notice should be given the company within six days after a loss,…
1Opinion of the CourtWoods, C. J.
The various defenses presented by the defendant corporation in the court below, on the -grounds of over-valuation of the property destroyed, the vacant and unoccupied condition of the house when burned, the occurrence of the fire through the negligence of the plaintiffs, and the institution of plaintiffs’ suit before resort was had to arbitration have been abandoned, as we are led to believe. If mistaken in this, they must now be abandoned, when we declare them to be without merit.
The two other defenses are these, viz: 1. The failure of plain*632tiffs, for more than thirty-six days after the loss…
2Cases cited7 opinions
- Smith v. Niagara Fire InsuranceSupreme Court of Vermont · 1887
- Bush v. . Westchester Fire Ins. Co.New York Court of Appeals · 1876
- Rivara v. Queen's InsuranceMississippi Supreme Court · 1885
- Bowlin v. Hekla Fire InsuranceSupreme Court of Minnesota · 1887
- New Orleans Insurance v. MatthewsMississippi Supreme Court · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
- Ruthven Bros. v. American Fire InsuranceSupreme Court of Iowa · 1897
- New York Life Insurance v. O'DomMississippi Supreme Court · 1911
- Allen v. Phoenix Assurance Co.Idaho Supreme Court · 1906
- Co-Operative Stores Co. v. United States Fidelity Guaranty Co.Tennessee Supreme Court · 1917
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