Rosenstock v. Mississippi Home Insurance
Mississippi Supreme Court
From tbe circuit court of Washington county. Hon. A. MoC. Kimbrough, .Judge. This was an action brought by the appellant, Morris Rosenstock, executor of M. Rosenstock, deceased, against the appellee, the Mississippi Home Insurance Company, on its policy of insurance against fire, dated September 3, 1903, in favor of the “estate of M. Rosenberg,” containing a stipulation that the same should be void “if the insured is (were) not the sole and unconditional owner of the…
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From tbe circuit court of Washington county. Hon. A. MoC. Kimbrough, .Judge. This was an action brought by the appellant, Morris Rosenstock, executor of M. Rosenstock, deceased, against the appellee, the Mississippi Home Insurance Company, on its policy of insurance against fire, dated September 3, 1903, in favor of the “estate of M. Rosenberg,” containing a stipulation that the same should be void “if the insured is (were) not the sole and unconditional owner of the property.” The property, a storehouse, was totally destroyed by fire on December 28, 1903, and this suit was thereafter…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court.
M. Rosenberg, appellant’s testator, on the 26th of December, 1900, executed a contract of sale for the storehouse, and the lot on which it stood, to Ben Tee for $1,000, a copy of which the reporter will set out. The purchaser paid $200 in cash, and went into possession under the contract in June, 1901, and subsequently paid $425 before the fire, which occurred on the 28th of December, 1902, The purchaser had thus paid $625 of the $1,000 before the fire. He continued in possession under the contract of sale until the fire, and is still in…
2Cases cited6 opinions
- Syndicate Ins. v. BohnCourt of Appeals for the Eighth Circuit · 1894
- Hoose v. Prescott InsuranceMichigan Supreme Court · 1890
- Hall v. Niagara Fire InsuranceMichigan Supreme Court · 1892
- Strickland v. KirkMississippi Supreme Court · 1875
- Hamilton v. Dwelling House InsuranceMichigan Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
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- Bacot v. Phoenix Insurance Co. of BrooklynMississippi Supreme Court · 1909
- Waller v. City of New York Ins.Oregon Supreme Court · 1917
- ATLAS ROOF. MFG. CO., INC. v. Robinson & Julienne, Inc.Mississippi Supreme Court · 1973
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