Atlantic Horse Insurance v. Nero
Mississippi Supreme Court
Appeal from the oircuit court of Leflore county. Hon. Monroe McClurg, Judge. Suit by Willis Nero, against •the Atlantic Horse Insurance Company. From a judgment\for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We submit that by the terms of the policy sued on, this company does not become liable to pay for the animal insured by reason of its death in any event, but only in accordance with the terms of its policy.
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Appeal from the oircuit court of Leflore county. Hon. Monroe McClurg, Judge. Suit by Willis Nero, against •the Atlantic Horse Insurance Company. From a judgment\for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We submit that by the terms of the policy sued on, this company does not become liable to pay for the animal insured by reason of its death in any event, but only in accordance with the terms of its policy. By the policy it appears that the company is not to be liable on account of the death of any animal occurring by reason of the neglect,…
1Opinion of the CourtSmith, C. J.
This suit was instituted in the court below by appellee, who will be hereinafter called the “plaintiff,” to recover of appellant, who will hereinafter be called the “defendant,” the value of one horse, the property of the plaintiff, and the life of which was insured in defendant company. At the close of the evidence defendant asked, and was refused, a peremptory instruction, and upon the cause being submitted to the jury there was a verdict and judgment for the plaintiff. The refusal of this peremptory instruction is assigned for error.
The policy sued on provides:
“Upon the death of each…
2Cases cited2 opinions
- Home Insurance Co. of New York v. GibsonMississippi Supreme Court · 1894
- Planters' Insurance v. ComfortMississippi Supreme Court · 1874
3Cited by10 opinions
- MISS. CARE CENTER OF GREENVILLE v. HinyubMississippi Supreme Court · 2008
- Greater Canton Ford Mercury, Inc. v. AblesMississippi Supreme Court · 2007
- Green v. United States Fidelity & Guaranty Co.Tennessee Supreme Court · 1915
- Canal Insurance v. HowellMississippi Supreme Court · 1964
- Propst v. Capital Mutual Ass'nMissouri Court of Appeals · 1939
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