Hart v. Forbes
Mississippi Supreme Court
Appeal from the Circuit Court of Warren.Couuty. Hon. Warren CowaN, Judge. Davidson & Son held a policy of insurance in the Western Assurance Company of Toronto, Canada, for the sum of $2,000 on their stock of goods in a country store near New Carthage, Louisiana.
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Appeal from the Circuit Court of Warren.Couuty. Hon. Warren CowaN, Judge. Davidson & Son held a policy of insurance in the Western Assurance Company of Toronto, Canada, for the sum of $2,000 on their stock of goods in a country store near New Carthage, Louisiana. On the morning of the 19th of February, 188 2 the stock of goods was totally destroyed by fire, and L. A. Davidson, one of the members of the firm of Davidson -& Son, wont immediately to Vicksburg, and about 1 o’clock a. m. of the 20th of February, assigned to I. T. Hart all the right title, and interest of the firm of Davidson & Son…
1Opinion of the CourtCampbell, C. J.
The delivery of the policy and assignment was sufficient as against Davidson & Son in any controversy between them and Hart; but the question is, was it sufficient to vest title in Hart so as to give to his claim precedence over the garnishment which was served before he received notice of the transfer, and signified his assent to it?
We.reject the view held by some courts, and decide that the attachment and garnishment had precedence over the claim of Hart. Woodbury v. Fisher, 20 Ind. 387 ; Parmelee v. Simpson, 5 Wall. 81; The Commonwealth v. Jackson, 10 Bush, 424 ; Bell v. Farmers’ Bank, 11…
2Cases cited9 opinions
- Welch v. SackettWisconsin Supreme Court · 1860
- Tuttle v. Turner, Wilson & Co.Texas Supreme Court · 1866
- Parmelee v. SimpsonSupreme Court of the United States · 1867
- Woodbury v. FisherIndiana Supreme Court · 1863
- Bell v. Farmers' BankCourt of Appeals of Kentucky · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Schoolfield, Hanauer & Co. v. HirshMississippi Supreme Court · 1893