New Orleans Insurance v. Matthews
Mississippi Supreme Court
Appeal from the Circuit Court of Copiali County. Hon. T. J. Wharton, Judge. This is an action on a policy of life insurance brought by M. C. Matthews against The New Orleans Insurance Association. It appears that defendant, in February, 1885, issued plaintiff a policy of insurance against loss by fire on a certain wooden store building in the town of Hazlehurst.
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Appeal from the Circuit Court of Copiali County. Hon. T. J. Wharton, Judge. This is an action on a policy of life insurance brought by M. C. Matthews against The New Orleans Insurance Association. It appears that defendant, in February, 1885, issued plaintiff a policy of insurance against loss by fire on a certain wooden store building in the town of Hazlehurst. This policy contained a stipulation that, “ In case of loss the assured shall give immediate notice thereof, and shall render a particular account of ¿aid loss under oath, stating the time, origin and circumstances of the fire, the…
1Opinion of the CourtCampbell, J.
It was decided by the Supreme Court of Michigan, in Westchester Fire Ins. Co. v. Earle, 33 Mich., 143, that “there can be no more force in an agreement in writing not to agree by parol than in a parol agreement not to agree in writing. Every such agreement is ended by the new one which contradicts it.” *313If this is true, it would seem that the provision in the policy that there could be no waiver of its terms and conditions “ unless such waiver shall be endorsed hereon in writing,” was ineffectual. Be this as it may, it has been frequently decided that “ such a stipulation applies only to those…
2Cases cited7 opinions
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Rokes v. Amazon InsuranceCourt of Appeals of Maryland · 1879
- Indiana Insurance v. CapehartIndiana Supreme Court · 1886
- O'Brien v. Ohio InsuranceMichigan Supreme Court · 1883
- Franklin Fire Insurance v. Chicago Ice Co.Court of Appeals of Maryland · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Washburn-Halligan Coffee Co. v. Merchants' Brick Mutual Fire InsuranceSupreme Court of Iowa · 1900
- Phenix Insurance v. BowdreMississippi Supreme Court · 1890
- Indemnity Company of America v. PughSupreme Court of Alabama · 1931
- Firemen's Fund Insurance v. Western Refrigerating Co.Illinois Supreme Court · 1896
- Wholley v. Western Assurance Co.Massachusetts Supreme Judicial Court · 1899
11 more not listed; retrieve them via the Exa API.