Miller v. Phenix Insurance
Mississippi Supreme Court
Appeal from the circuit court of Madison county. Hon. W. A. Henry, Judge. Suit by S. A. Miller against the Phenix Insurance Company of Brooklyn, New York. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. No brief of counsel on either side found in the record.
1Opinion of the CourtCook, J.
Hpon a former appeal to this court, by appellant, this case was reversed and remanded, because appellant was *5not permitted to testify to facts going to show that a failure to disclose the existence of two deeds of trust on the insured property was not a concealment or misrepresentation of material fact, within the meaning of the policy of insurance. 100 Miss. 311, 56 South. 449.
When the case was retried in the circuit conrt, the conrt again exclnded the testimony of appellant, and directed a verdict for the defendant insurance company. We think this was error. The evidence shows that…
2Cases cited3 opinions
- Aetna Life Insurance v. MillarCourt of Appeals of Maryland · 1910
- American Life Insurance v. MahoneMississippi Supreme Court · 1878
- Miller v. Phenix InsuranceMississippi Supreme Court · 1911