Mitchell v. Mississippi Home Insurance
Mississippi Supreme Court
Nrom the circuit court of Montgomery county. SoN. C. H. Campbell, Judge. Action by appellant against appellee on a policy of fire insurance for |500, $400 thereof being on a stock of merchandise, $20 on store and office furniture and fixtures, and $80 on furniture belonging to a restaurant conducted in connection with the store. The facts touching the points passed on by the court are stated in the opinion.
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Nrom the circuit court of Montgomery county. SoN. C. H. Campbell, Judge. Action by appellant against appellee on a policy of fire insurance for |500, $400 thereof being on a stock of merchandise, $20 on store and office furniture and fixtures, and $80 on furniture belonging to a restaurant conducted in connection with the store. The facts touching the points passed on by the court are stated in the opinion. As the court sustained plaintiff’s demurrer to the second special plea, and appellant does not complain of this ruling, it being favorable to her, it is not deemed necessary to set out…
1Opinion of the CourtWoods, J.
This is an action on an insurance policy issued by the appel-lee to appellant. The declaration is in the usual form. The insurance company filed the plea of the general issue and three special pleas. The first special plea sets up the defense of what is now commonly known as the iron safe clause; the second special plea sets up, by way of defense, that whisky was retailed on the premises in which appellant kept her store and conducted her other business, and where the property insured was kept; and the third special plea defends on the ground that an addition to the buildings- on the premises…
2Cases cited2 opinions
- Rivara v. Queen's InsuranceMississippi Supreme Court · 1885
- Home Insurance v. Delta BankMississippi Supreme Court · 1893
3Cited by21 opinions
- MacKintosh v. Agricultural Fire Ins. Co.California Supreme Court · 1907
- Scottish Union & National Insurance v. Warren Gee Lumber Co.Mississippi Supreme Court · 1918
- McCarty v. Piedmont Mutual Ins.Supreme Court of South Carolina · 1908
- Claxton v. Fidelity & Guaranty Fire Corp.Mississippi Supreme Court · 1937
- Ætna Insurance v. MountMississippi Supreme Court · 1907
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