Home Insurance v. Delta Bank
Mississippi Supreme Court
From the circuit court of Leflore county. Hon. B. W. Williamson, Judge. The Delta Bank of Greenwood, Miss., as assignee of a policy of fire insurance, brought this action against the Home Insurance Company, of New York, to recover for loss of a stock of merchandise covered by the policy. The amount demanded was two thousand dollars, being the full amount of the policy.
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From the circuit court of Leflore county. Hon. B. W. Williamson, Judge. The Delta Bank of Greenwood, Miss., as assignee of a policy of fire insurance, brought this action against the Home Insurance Company, of New York, to recover for loss of a stock of merchandise covered by the policy. The amount demanded was two thousand dollars, being the full amount of the policy. The property insured is described in said policy as “a stock of merchandise, consisting of'dry goods, groceries, boots, shoes and such other merchandise not more hazardous, usual to his trade, while contained in the first story…
1Opinion of the CourtCampbell, C. J.
The appellant having demurred to the replications, and, without the demurrer having been disposed of, rejoined, must be held to have waived the demurrer. Besides this, the question raised by the demurrer was fully presented in the trial of the issues of fact, and no harm was suffered by the defendant by the failure to obtain a ruling on the demurrer it presented.
Conceding that error was committed in the trial of the issues joined, and that the plaintiff was not entitled to recover for the loss on the “ dry goods and general merchandise stock,” because of the breach of the “ iron safe clause ”…
2Cited by4 opinions
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