Conithan v. Royal Insurance
Mississippi Supreme Court
From the circuit court of Leflore county. Hon. Sidney M. Smith, Judge. Mrs. Conithan, appellant, was plaintiff in the court helow; the insurance company, appellee, was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, plaintiff appealed to the supreme court. The suit was on a fire insurance policy upon plaintiff’s furniture destroyed by fire. The opinion of the court states the facts.
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From the circuit court of Leflore county. Hon. Sidney M. Smith, Judge. Mrs. Conithan, appellant, was plaintiff in the court helow; the insurance company, appellee, was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, plaintiff appealed to the supreme court. The suit was on a fire insurance policy upon plaintiff’s furniture destroyed by fire. The opinion of the court states the facts. All discussion of this case should be prefaced by the rules of law that forfeitures are looked on with disfavor by the courts, and further, that insurance contracts…
1Opinion of the CourtMayes, J.
This suit was instituted by Florida Conithan against the Royal Insurance Company for the purpose of recovering the value of household furniture belonging to her which had been destroyed by fire. The declaration alleges that on the 26th day of March, 1906, in consideration of $16 premium paid to the insurance company by appellant, it executed and delivered to' her a fire insurance policy for the sum of $600, wherein the company insured and promised to protect the property named in the policy from all damage and loss by fire. This policy was to run for a period of three years from its date;…
2Cases cited3 opinions
- Phenix Insurance v. ClaySupreme Court of Georgia · 1897
- Behler v. German Mutual Fire Ins.Indiana Supreme Court · 1879
- Pollard v. Phœnix InsuranceMississippi Supreme Court · 1885
3Cited by10 opinions
- Georgia Cas. Co. v. Alden MillsMississippi Supreme Court · 1930
- Smith v. SimonMississippi Supreme Court · 1969
- Ohio Farmers' Insurance Co. v. TodinoOhio Supreme Court · 1924
- Martin v. Estate of MartinMississippi Supreme Court · 1992
- Northwest Amusement Co. v. Aetna Casualty & Surety Co.Oregon Supreme Court · 1940
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