Ætna Insurance v. Cowan County Treasurer
Mississippi Supreme Court
Appeal from the circuit court of Jackson county. Hon. J. J. Ballenger, Judge. Suit by R. W. Cowan, Treasurer of Jackson County, against the -¿Etna Insurance Company. From a judgment for plaintiff on peremptory instruction, on sustaining his demurrers .to defendant’s pleas, defendant appeals.
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Appeal from the circuit court of Jackson county. Hon. J. J. Ballenger, Judge. Suit by R. W. Cowan, Treasurer of Jackson County, against the -¿Etna Insurance Company. From a judgment for plaintiff on peremptory instruction, on sustaining his demurrers .to defendant’s pleas, defendant appeals. This is a suit brought by R. ~W. Cowan, treasurer of Jackson county, Miss., on a policy issued by the -¿Etna Insurance Company to Mrs. J. M. Pelham, insuring a certain dwelling house in Pascagoula, Miss., for two1, thousand, five hundred dollars, and insuring certain household furniture in the same policy…
1Opinion of the CourtPotter, J.
(After stating the facts as above). It is contended by the appellee in this ca.se that the declaration alleges that the loss to the building in question was a total loss, and therefore the matter in controversy was not subject to an appraisement, as the defendant company was liable for the full amount of the policy as to the item in question, regardless of the extent of the loss under section 2592 of the Code of 1906 which provides:
“When real property or buildings, household, or kitchen furniture, insured against loss by fire and situated within this state are totally destroyed by fire, the…
2Cases cited1 opinion
- Bacot v. Phoenix Insurance Co. of BrooklynMississippi Supreme Court · 1909
3Cited by16 opinions
- Walker v. Queen Insurance Co.Supreme Court of South Carolina · 1926
- United States v. Sentinel Fire Ins. Co.Court of Appeals for the Fifth Circuit · 1949
- National Surety Corp. v. KempMississippi Supreme Court · 1953
- Peerless Insurance Company v. Bailey Mortgage Company, National Indemnity Company v. Richard M. Banks and Iona Coleman BanksCourt of Appeals for the Fifth Circuit · 1965
- Conner v. Northwestern National Casualty Co.Supreme Court of Oklahoma · 1989
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