Franklin Fire Insurance v. Taylor
Mississippi Supreme Court
Appeal from the Chancery Court' of Warren County. Hon. E. Hill, Chancellor. ' The facts in this case necessary to an understanding of the principles announced are found in the opinion of the court.
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Appeal from the Chancery Court' of Warren County. Hon. E. Hill, Chancellor. ' The facts in this case necessary to an understanding of the principles announced are found in the opinion of the court. It is assigned for error : 1. The court erred in rendering a decree in favor of complainants in the court below. 2. In not rendering a decree in favor of appellant, dismissing the bill. / The contract must be clearly proved, and its terms must bo> specific. 3 Pars.,on Con., 354 ; Buekmaster v. Thompson, 36 N. Y., 558. The ground for interference is not the refusal, but-fraud in refusing to complete…
1Opinion of the CourtChalmers, J.
The bill Avas filed by appellees to compel the appellant to-deliver an insurance policy against loss by fire, and for payment of the amount due thereon, the building alleged to have been protected by it having been burned. The claim of appellees Avas that everything necessary to complete the contract transpired before the loss, and that appellant actually had in its keeping a valid policy belonging to appellees. Appel*443lant denied that there was in existence any such policy, or-that any valid contract for one had been made. It insisted that all that passed between its agent and…
2Cases cited2 opinions
- Keim v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1867
- Phœnix Fire Insurance v. Hoffheimer, Bros. & Co.Mississippi Supreme Court · 1872
3Cited by5 opinions
- Liverpool & London & Globe Ins. v. HintonMississippi Supreme Court · 1917
- Canal Ins. Co. v. Bush & KingMississippi Supreme Court · 1963
- Swing v. Karges Furniture Co.Missouri Court of Appeals · 1907
- United American Insurance v. Union Fire InsuranceSupreme Court of Colorado · 1927
- Canal Ins. Co. v. Bush & KingMississippi Supreme Court · 1963