Legal Opinion

Ætna Insurance v. Mount

Mississippi Supreme Court

Decided March 15, 1907PublishedCited by 13 opinions

From the circuit court of, first district, Hinds county. Hon. David M. Miller, Judge. Mount, appellee, was plaintiff in the court below; the insurance company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court.

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From the circuit court of, first district, Hinds county. Hon. David M. Miller, Judge. Mount, appellee, was plaintiff in the court below; the insurance company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The plaintiff, a merchant engaged in business in the town of Smithland, in Point Coupe Parish, Louisiana, at which point was located his store building containing a stock of goods and merchandise, took out three policies of fire insurance with the defendant company, as follows: one policy, dated July 1, 1904, numbered 3,694,…

1Opinion of the CourtMates, J.

The controversy in this ease is as to policies No. 3,694 for the sum of $1,000, and No. 3,786 for $1,750, covering a stock of *662merchandise owned by appellee. It was conceded in the argument of this case, by counsel representing appellant, that the other policy mentioned in this record, No. 4,050, is not in controversy, and therefore what we say only applies to the two policies.in question.

The first question which we consider is: Was there a breach of the iron safe clause contained in the policy? The policy of insurance contained the following, clause with reference to that subject, viz.:

“(1)…

2Cases cited4 opinions

  1. Mitchell v. Mississippi Home InsuranceMississippi Supreme Court · 1894
  2. Liverpool & London & Globe Insurance v. SheffyMississippi Supreme Court · 1894
  3. Mississippi Home Insurance v. DobbinsMississippi Supreme Court · 1902
  4. Mississippi Fire Ass'n v. DobbinsMississippi Supreme Court · 1902

3Cited by13 opinions

  1. Scottish Union & National Insurance v. Warren Gee Lumber Co.Mississippi Supreme Court · 1918
  2. Peterson v. Universal Automobile InsuranceIdaho Supreme Court · 1933
  3. Commercial Standard Ins. v. RobertsonCourt of Appeals for the Sixth Circuit · 1947
  4. Nalley v. Hanover Fire InsuranceCourt of Appeals of Georgia · 1937
  5. Springfield Fire & Marine Insurance v. ShapoffCourt of Appeals of Kentucky · 1918

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