Legal Opinion

Boyd v. Mississippi Home Insurance

Mississippi Supreme Court

Decided March 15, 1897PublishedCited by 7 opinions

From the circuit court of Bolivar county. Hon. F. A. Montgomery, Judge. The facts are stated in the opinion. We contend that the clause in said policy which reads, “all while in the above-described ginhouse building,” must be construed to cover cotton ginned and unginned, baled and unbaled, while in such ginhouse building. A lire insurance policy will be most strongly construed against the insurer. 23 Am. St. Rep., 905. In Strauss v. Am. Ins. Go., 4 Am.

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From the circuit court of Bolivar county. Hon. F. A. Montgomery, Judge. The facts are stated in the opinion. We contend that the clause in said policy which reads, “all while in the above-described ginhouse building,” must be construed to cover cotton ginned and unginned, baled and unbaled, while in such ginhouse building. A lire insurance policy will be most strongly construed against the insurer. 23 Am. St. Rep., 905. In Strauss v. Am. Ins. Go., 4 Am. St. Rep., 368, the court says: “When one clause stands with others, its sense may be gathered from those which immediately precede and follow…

1Opinion of the CourtWhitfield, J.

Boyd was insured against loss by fire on cotton seed to the extent of §100, and on cotton to the extent of §400. The particular part of the policy brought under review is pasted in the face of the policy, and denominated, “ Form for ginhouses and contents;” and the controversy isas to whether the policy covered the property, it being destroyed while in the ginhouse building. The property so destroyed consisted of twenty-three tons of cotton seed, of the value of §184.13; thirteen bales of lint cotton, of the value of §600; one bale of unbaled lint cotton, of the value of §50; and one bale of…

2Cases cited7 opinions

  1. Holbrook v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1878
  2. McCluer v. Girard Fire & Marine Ins.Supreme Court of Iowa · 1876
  3. Longueville v. Western Assurance Co.Supreme Court of Iowa · 1879
  4. Peterson v. Miss. Valley Ins.Supreme Court of Iowa · 1868
  5. Noyes v. Northwestern National InsuranceWisconsin Supreme Court · 1885

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Hartford Acc. & Indem. Co. v. FosterMississippi Supreme Court · 1988
  2. Canal Insurance v. HowellMississippi Supreme Court · 1964
  3. Farmers Mutual Insurance v. MartinMississippi Supreme Court · 1956
  4. Gunn v. Principal Cas. Ins. Co.Mississippi Supreme Court · 1992
  5. Shivers v. Farmers Mutual Fire InsuranceMississippi Supreme Court · 1911

2 more not listed; retrieve them via the Exa API.

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