Eminent Household of Columbian Woodmen v. Bunch
Mississippi Supreme Court
Appeal from the circuit court of Yazoo county. Hon. W. H. Potter, Judge. Suit by J. D. Bunch against the Eminent Household of Columbian Woodmen. From a judgment for plaintiff, defendant appeals. Appellant, a fraternal insurance company, prosecutes this appeal from a judgment rendered by the circuit court of Yazoo county in favor of J. D. Bunch, appellee, in the sum of two thousand three hundred dollars.
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Appeal from the circuit court of Yazoo county. Hon. W. H. Potter, Judge. Suit by J. D. Bunch against the Eminent Household of Columbian Woodmen. From a judgment for plaintiff, defendant appeals. Appellant, a fraternal insurance company, prosecutes this appeal from a judgment rendered by the circuit court of Yazoo county in favor of J. D. Bunch, appellee, in the sum of two thousand three hundred dollars. The action was based upon a combination life, health, and accident insurance policy or “covenant” issued April, 1906, the value of which accumulated in accordance with its as’e, hut in this…
1Opinion of the Court
Stevens, J.-,
delivered the opinion of the court.
(After stating the facts as above). The strongest point made for appellant on this appeal is presented on the plea of res adjudícala. The first action was upon the same policy of insurance and between the same parties. To sustain this plea, however, the testimony must show that the cause of action is the same .
In the former suit plaintiff alleges as his cause of action total and permanent disability at the time the declaration was filed. In the present suit plaintiff relies upon total and permanent disability at a later period. It appears that…
2Cases cited3 opinions
- McCoy v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1896
- Hart v. National Masonic Accident Ass'nSupreme Court of Iowa · 1898
- Anderson v. Ætna Life InsuranceSupreme Court of New Hampshire · 1909
3Cited by5 opinions
- Canal Insurance v. HowellMississippi Supreme Court · 1964
- Life & Casualty Ins. v. GreenleeMississippi Supreme Court · 1939
- Moskowitz v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1946
- Skinner v. Continental Casualty Co.District Court of Appeal of Florida · 1972
- Moskowitz v. Prudential Insurance Co. of America, Pennsylvania Court of Common Pleas, Philadelphia County1945