Riverside Development Co. v. Hartford Fire Ins.
Mississippi Supreme Court
Appeal from the circuit court of Quitman county. Hon. Sam C. Cook, Judge. Suit by the Riverside Development Company against the Hartford Fire Insurance Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Our contention is that with the overruling of this demurrer the plaintiff should have had judgment.
Read the full summary
Appeal from the circuit court of Quitman county. Hon. Sam C. Cook, Judge. Suit by the Riverside Development Company against the Hartford Fire Insurance Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Our contention is that with the overruling of this demurrer the plaintiff should have had judgment. That the affidavit and plea with notice are not a compliance with section 755, Code 1906. Therefore, that the court erred in permitting the plea filed as shown by the order on page 25, and in failing to sustain plaintiff’s motion…
1Opinion of the CourtSmith, C. J.
This is an appeal from a judgment denying appellant a recovery upon a tornado insurance policy issued to it by one of appellee’s agents. The declaration was demurred to, and upon the overruling of the demurrer ap-pellee filed a plea of general issue, with notice of special matter to be given in evidence, together with an affidavit *211alleging that it “has a meritorious defense, and that the foregoing plea and notice nnder the general issne present said defense, which affiant asks to he filed.” This notice of special matter set np facts which constitute a good and substantial defense to the suit.
T…
2Cases cited3 opinions
- Wildberger v. Hartford Fire InsuranceMississippi Supreme Court · 1894
- Greenwood Ice & Coal Co. v. Georgia Home InsuranceMississippi Supreme Court · 1894
- Glens Falls Insurance v. HopkinsAppellate Court of Illinois · 1885
3Cited by5 opinions
- MacAlco, Inc. v. Gulf Insurance Co.Missouri Court of Appeals · 1977
- Parks v. Schoellkopf Co.Court of Appeals of Texas · 1921
- Spivy-Johnson Portrait Co. v. Belt Automobile Indemnity Ass'nSupreme Court of Alabama · 1924
- Independence Indemnity Co. v. Silver State Building & Loan Ass'nSupreme Court of Colorado · 1933
- Hartford Fire Ins. Co. v. ClarkMississippi Supreme Court · 1929