Sun Mutual Insurance v. Searles
Mississippi Supreme Court
From the circuit court of Warren county. Hon. John D. Gilland, Judge. The C. J. Searles Company, under assignment, from whom appellees claim, was a corporation doing a wholesale grocery and commission business in Yicksburg. It had a warehouse on Levee street, in which its stock of merchandise was kept, and had its office on Washington street, in the rear of Euhman’s store, where its books were kept and business transacted.
Read the full summary
From the circuit court of Warren county. Hon. John D. Gilland, Judge. The C. J. Searles Company, under assignment, from whom appellees claim, was a corporation doing a wholesale grocery and commission business in Yicksburg. It had a warehouse on Levee street, in which its stock of merchandise was kept, and had its office on Washington street, in the rear of Euhman’s store, where its books were kept and business transacted. At the time it commenced business, in March, 1893, it had a stock of merchandise of the value of $9,330.50, which was insured for $7,500. On June 1, 1893, it paid a…
1Opinion of the CourtWhitfield, J.
We do not think the warehouse book is shown by this record to be a part of the set of books required by the policy to be kept in the iron safe. The proofs of loss were clearly waived. We reaffirm the principles on the doctrine of waiver announced in Phœnix Insurance Co. v. Bowdre, 67 Miss., 620; Matthews v. N. O. Insurance Association, 65 Miss., 301; Liverpool, etc., Insurance Co. v. Sheffey, 71 Miss., 922; Rivara v. Queen Insurance Co., 62 Miss., 727, and Home Insurance Co. v. Gibson, 72 Miss., 58. In the last named case, the case of Cleaver v. Insurance Co., 65 Mich., 530 (32 N. W., 660),…
2Cases cited7 opinions
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1887
- Home Insurance Co. of New York v. GibsonMississippi Supreme Court · 1894
- Phenix Insurance v. BowdreMississippi Supreme Court · 1890
- New Orleans Insurance v. MatthewsMississippi Supreme Court · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Fidelity-Phenix Fire Ins. v. RedmondMississippi Supreme Court · 1926
- Vicksburg Bank v. AdamsMississippi Supreme Court · 1896