Metropolitan Casualty Ins. v. Cato
Mississippi Supreme Court
Appeal from the circuit court of Washington county. Hon. Frank E. Everett, Judge. Suit by William R. Cato against the Metropolitan Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Washington county. Hon. Frank E. Everett, Judge. Suit by William R. Cato against the Metropolitan Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Where a policy is issued on faith of an application containing statements, in fact, untrue, there was no meeting of minds of the parties on one of the essential elements of the contract, and, therefore, there was such a mistake as would authorize relief in a court of equity for the cancellation of the policy, says the court in the case of…
1Opinion of the CourtSykes, J.
William E. Cato instituted suit against the Metropolitan Casualty Insurance Company of New York in the circuit court of Washington county to recover accident benefits for a certain stated period as provided in a policy of insurance issued by the appellant to ap-pellee. This insurance policy provides for the payment to insured of twenty-five dollars a week while insured is continuously and wholly disabled from performing any and every kind of duty pertaining to his occupation. Clause 3 of said policy provides for a payment of twelve dollars and fifty cents a week for a period, not exceeding…
2Cases cited10 opinions
- Foglesong v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1906
- Lobdill v. Laboring Men's Mutual Aid Ass'n of ChatfieldSupreme Court of Minnesota · 1897
- Turner v. Fidelity & Casualty Co.Michigan Supreme Court · 1897
- Industrial Mutual Indemnity Co. v. HawkinsSupreme Court of Arkansas · 1910
- Young v. Travelers InsuranceSupreme Judicial Court of Maine · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- M. T. Reed Const. Co. v. MartinMississippi Supreme Court · 1952
- Rathbun v. Globe Indemnity Co.Nebraska Supreme Court · 1921
- Equitable Life Assur. Soc. v. SerioMississippi Supreme Court · 1929
- Piggly Wiggly v. HoustonMississippi Supreme Court · 1985
- United States v. MartinCourt of Appeals for the Fifth Circuit · 1931
22 more not listed; retrieve them via the Exa API.