Stuyvesant Ins. v. A. C. Smith Motor Sales Co.

Appellee, A. C. Smith Motor Sales Company, a corporation under the laws of this state, sued the appellant, the Stuyvesant Insurance Company, in the circuit court of Hinds county, on a fire insurance policy for a loss suffered by appellee in the burning of a Mitchell automobile covered by said policy, and recovered a judgment, from which appellant procures this appeal.

Three propositions argued deserve discussion at the hands of the court. They are:(1) That there was no right of action in appellee, but that if one existed it was in the Capital National Bank, to whom there was a mortgage loss…