East v. New Orleans Insurance
Mississippi Supreme Court
From the circuit court of Lincoln county. Hon. Robert Powell, Judge. William Thomas East, appellant, was the plaintiff in the court below; the New Orleans Insurance Association was defendant there. The insurance association, on the twenty-third day of May, 1896, insured James W. East for one year from that day against loss by fire to the amount of $500 on a residence described in the policy.
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From the circuit court of Lincoln county. Hon. Robert Powell, Judge. William Thomas East, appellant, was the plaintiff in the court below; the New Orleans Insurance Association was defendant there. The insurance association, on the twenty-third day of May, 1896, insured James W. East for one year from that day against loss by fire to the amount of $500 on a residence described in the policy. A total loss occurred by the burning of the residence on the twenty-seventh day of March, 1897, of which the association had due notice. William Thomas East, at the time of the insurance and loss, had an…
1Opinion of the CourtTerral, J.
The conveyance of the insured premises by James W. East to Smith debars James W. East of any suit against the defendant company, for that conveyance, we think, made a change in the title and interest of James W. East in said premises, and such change in the title or interest of James W. East, by the express terms of the policy, avoids it as to him. The right of William Thomas East, however, is governed by two clauses of the policy —i. e., by the loss payable clause and the mortgage clause. The loss payable clause stipulates to pay William Thomas East whatever interest he may have in the…
2Cases cited1 opinion
- Oakland Home Insurance v. Bank of CommerceNebraska Supreme Court · 1896
3Cited by12 opinions
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- Welch v. British American Etc. Co.California Supreme Court · 1905
- Smith v. Germania Fire InsuranceOregon Supreme Court · 1922
- Vancouver Nat. Bank v. Law Union & Crown Ins.U.S. Circuit Court for the District of Oregon · 1907
- Christenson v. Fidelity InsuranceSupreme Court of Iowa · 1902
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