Penix v. American Central Ins.
Mississippi Supreme Court
Appeal from the circuit court of Hinds county. .Hon. W. A. Henry, Judge. Suit by J. H. Penis; against the American Central Insurance Company.' From a judgment for defendant plaintiff appeals. Appellant was plaintiff in the court below, and appel-lee was defendant. Suit was brought to recover on an insurance policy covering a stock of goods destroyed by fire.
Read the full summary
Appeal from the circuit court of Hinds county. .Hon. W. A. Henry, Judge. Suit by J. H. Penis; against the American Central Insurance Company.' From a judgment for defendant plaintiff appeals. Appellant was plaintiff in the court below, and appel-lee was defendant. Suit was brought to recover on an insurance policy covering a stock of goods destroyed by fire. The defense of the insurance company was that the insured had failed to comply with the iron-safe clause of the policy, which is as follows: “Iron-Safe Clause. “1st. The assured will take a complete itemized inventory of stock on hand at…
1Opinion of the CourtSmith, C. J.
Appellant is the trustee in bankruptcy for the estate of A. H. Borah, a bankrupt. Among the assets of this estate was the insurance policy sued on, covering a stock of goods formerly owned by the bankrupt, and which had been destroyed by fire during the life of the policy. The insurance company having declined to pay for the loss of the goods, this suit was instituted..' At the close of the evidence a peremptory instruction Was given for the defendant, and there was a verdict and judgment accordingly. The ground of this peremptory instruction was the failure of the assured to comply with the…
2Cases cited3 opinions
- Joffe v. Niagara Fire InsuranceCourt of Appeals of Maryland · 1911
- Phenix Insurance v. DorseyMississippi Supreme Court · 1912
- Jones v. Southern Ins. Co.U.S. Circuit Court for the District of Eastern Arkansas · 1889
3Cited by14 opinions
- Koshland v. Columbia InsuranceMassachusetts Supreme Judicial Court · 1921
- Miller v. Home Insurance Co. of New YorkCourt of Appeals of Maryland · 1915
- Hood v. Fireman's Fund InsuranceDistrict Court, S.D. Mississippi · 1976
- Springfield Fire & Marine Insurance v. ShapoffCourt of Appeals of Kentucky · 1918
- Fisher v. Sun InsuranceWest Virginia Supreme Court · 1914
9 more not listed; retrieve them via the Exa API.