Planters' Insurance v. Comfort
Mississippi Supreme Court
Error to tbe Circuit Court of Hinds County. Hon. George E. Brown, Judge. Tbe facts qf case appear sufficiently in tbe opinion of the court. I. That the circuit court erred in overruling the demurer to the 2d count of the declaration.
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Error to tbe Circuit Court of Hinds County. Hon. George E. Brown, Judge. Tbe facts qf case appear sufficiently in tbe opinion of the court. I. That the circuit court erred in overruling the demurer to the 2d count of the declaration. As this count virtually incorporated in it the policy of insurance, it should have been sustained, if for no other reasons than because it did not contain any allegation sufficient to show that the payment of the assessment money had been prevented by some act of the defendants; nor any reason why this could not have been paid after the first week in January,…
1Opinion of the CourtSlMRALL, J.
! This suit was brought by D. B. Comfort, against the Planter’s Insurance Company (a corporation created by the laws of this state), on a policy of insurance, to recover $3,000, the amount of the risk taken by defendant on plaintiff’s dwelling house, against damage and loss by fire. The house was destroyed by fire during the term of the policy. It was not. contro verted that the assured was owner of the property, nor that it was of equal or greater ■value than the sum named in the policy.
But the defense is rested mainly on two grounds. First, that the assured was in default at the time the…
2Cases cited3 opinions
- Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
- Herkimer County Mutual Insurance v. FullerNew York Supreme Court · 1852
- Hart v. AchillesNew York Supreme Court · 1858
3Cited by11 opinions
- Home Insurance Co. of New York v. GibsonMississippi Supreme Court · 1894
- Lycoming Fire Insurance ex rel. Beeber v. LangleyCourt of Appeals of Maryland · 1884
- Wayland v. Western Life Indemnity Co.Missouri Court of Appeals · 1912
- Carlton v. Southern Mutual InsuranceSupreme Court of Georgia · 1884
- American Life Insurance v. MahoneMississippi Supreme Court · 1878
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