Miller ex rel. State v. Fidelity Union Fire Ins.
Mississippi Supreme Court
Appeal from chancery court of Pike county. I-Ion. R. W. Cutrer, Chancellor. Suit by Hugh B. Miller, District Attorney, for the Use of the State, against the Fidelity Union Fire Insurance Company and others. Bill dismissed, and plaintiff appeals. The section of the statute defining Trusts and Combines: “A trust and combine is a combination, contract, understanding or agreement, expressed or implied.”
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Appeal from chancery court of Pike county. I-Ion. R. W. Cutrer, Chancellor. Suit by Hugh B. Miller, District Attorney, for the Use of the State, against the Fidelity Union Fire Insurance Company and others. Bill dismissed, and plaintiff appeals. The section of the statute defining Trusts and Combines: “A trust and combine is a combination, contract, understanding or agreement, expressed or implied.” Thus by the terms of the statute itself the understanding or agreement may be implied to fix and maintain “the price or premium to he paid for insuring property against loss or damages by fire,…
1Opinion of the CourtSykes, J.
Hugh B. Miller, district attorney of the Fourteenth judicial district of the state of Mississippi for the use of the state, by bill in the chancery court of Pike county, seeks to collect certain penalties from the defendant insurance companies. The bill is based upon section 502, Code of 1906, as amended by chapter 119, Laws of 1908. The two sections claimed to be violated being sections 3281 and 3282, Hemingway’s Code, those portions of section 3281 alleged to be violated are as follows:
“A trust and combine is a combination, contract, understanding, or agreement, expressed or implied,…
2Cases cited4 opinions
- Fire Insurance v. StateMississippi Supreme Court · 1897
- Yazoo & Mississippi Valley Railroad v. SearlesMississippi Supreme Court · 1904
- Cumberland Telephone & Telegraph Co. v. State ex rel. Attorney-GeneralMississippi Supreme Court · 1911
- Yazoo &. M. V. R. R. v. CrawfordMississippi Supreme Court · 1914
3Cited by2 opinions
- Aetna Ins. v. RobertsonMississippi Supreme Court · 1922
- Aetna Ins. v. RobertsonMississippi Supreme Court · 1922