Southern Express Co. v. Hunnicutt
Mississippi Supreme Court
Error to the Circuit Court of Lauderdale County. Hon. S. S. Calhoon, Judge. It is a complete defence that the plaintiff did not make demand within thirty days. Express Oo. v. Caldwell, 21 Wall. 264; United States Express Oo. v. Harris, 51 Ind. 127; Weir v. Express Oo., 5 Phila. 855; Grace v. Adams, 100 Mass. 505. There is no pretence in pleading or evidence that the condition was fraudulently imposed on the plaintiff.
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Error to the Circuit Court of Lauderdale County. Hon. S. S. Calhoon, Judge. It is a complete defence that the plaintiff did not make demand within thirty days. Express Oo. v. Caldwell, 21 Wall. 264; United States Express Oo. v. Harris, 51 Ind. 127; Weir v. Express Oo., 5 Phila. 855; Grace v. Adams, 100 Mass. 505. There is no pretence in pleading or evidence that the condition was fraudulently imposed on the plaintiff. The verdict was right upon the facts, and the damages not excessive. Favor v. Philbrick, 5 N. H. 358; Parks v. Alta Telegraph Co., 13 Cal. 422; Bryant v. American Telegraph Co.,…
1Opinion of the CourtSimrall, C. J.
J. T. Hunnicutt was the holder of a life policy of insurance, issued by the Continental Life Insurance Company of New York, for $5,000. The policy contained this stipulation, “ That if, after having received three or more annual premiums, the said assured shall fail to make payment of any further premiums when due, then'and in that case, upon a surrender of the policy within thirty days after such unpaid premium shall be due, the said company will in. exchange therefor issue a paid-up policy for the full amount of even dollars received by the company on this policy.” Hunnicutt made default in…
2Cases cited3 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Southern Express Co. v. CapertonSupreme Court of Alabama · 1870
- United States Express Co. v. HarrisIndiana Supreme Court · 1875
3Cited by14 opinions
- Jennings v. Grand Trunk RailwayNew York Court of Appeals · 1891
- Southern Railway Co. v. AdamsSupreme Court of Georgia · 1902
- Liquid Carbonic Co. v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1907
- Armstrong v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1893
- Dodson v. Western Union Telegraph Co.Mississippi Supreme Court · 1910
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