Freed v. American Fire Insurance
Mississippi Supreme Court
From the circuit court of, second district, Coahoma county. Hon. Samuel C. Cook, Judge. The American Fire Insurance Company, the apuellee, was plaintiff in the court below, and Freed, the appellant, was defendant there. From a judgment in favor of the plaintiff the defendant appealed to the supreme court. The plaintiff, the American Fire Insurance Company, had insured the property of one Harden, which was destroyed by fire caused by the wrongful act of defendant.
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From the circuit court of, second district, Coahoma county. Hon. Samuel C. Cook, Judge. The American Fire Insurance Company, the apuellee, was plaintiff in the court below, and Freed, the appellant, was defendant there. From a judgment in favor of the plaintiff the defendant appealed to the supreme court. The plaintiff, the American Fire Insurance Company, had insured the property of one Harden, which was destroyed by fire caused by the wrongful act of defendant. The insurance contract contained a provision subrogating the insurer to,the rights of the insured against persons responsible for…
1Opinion of the Court
Wi-iiteield, O. J.,
delivered the opinion of the court.
It is insisted by the learned counsel for the appellee that the subrogation agreement and assignment arose out of an agreement of the insured and assignor with appellee, the assignee, for no purpose relative to the business of the alleged trust and combine; and again it is insisted that the appellant committed a tort, and the right of action, eo instante, vested in a third person because thereof; that said right was, by the subrogation agreement sued on, transferred and assigned to appellee; that such third person was in no way connected…
2Cases cited5 opinions
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- Chattanooga Foundry & Pipe Works v. City of AtlantaSupreme Court of the United States · 1906
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- United States v. Rio Grande Dam & Irrigation Co.Supreme Court of the United States · 1902
- Egan v. British & Foreign Marine InsuranceIllinois Supreme Court · 1901
3Cited by2 opinions
- Home Ins v. HartshornMississippi Supreme Court · 1922
- United States Fidelity & Guaranty Co. v. CovertMississippi Supreme Court · 1961