Liverpool & London & Globe Insurance v. Farnsworth Lumber Co.
Mississippi Supreme Court
From the circuit court of Jackson county. Hon. S. H. Terral, Judge. Action by Farnsworth Lumber Company against Liverpool & London & Globe Insurance Company on a policy of fire insurance.
Read the full summary
From the circuit court of Jackson county. Hon. S. H. Terral, Judge. Action by Farnsworth Lumber Company against Liverpool & London & Globe Insurance Company on a policy of fire insurance. The property insured is described in the policy as follows: “ Pitch pine lumber, dressed and rough, while piled on yards and in lumber sheds of the Farnsworth Lumber Company’s mill, situated on the east bank of the Pascagoula river, in Scranton, Mississippi. ’ ’ The policy contained the following, among other clauses: “ Warranted by the insured that a continuous clear space of fifty feet shall hereafter be…
1Opinion of the CourtWhitfield, J.
So far as the contention about the promissory nature of the warranty is concerned — that "a continuous clear space of fifty feet should thereafter [after the date of the policy] be kept between the lumber and any woodworking establishment” — it is settled against appellant, on the case made by this record, by the cases of Mitchell v. Mississippi Home Insurance Co., ante, p. 53, and Rivara v. Insurance Co., 62 Miss., 720. In the last case the court says: "A condition in an insurance policy prohibiting the use or deposit of certain articles may be waived, and is waived, if the agent taking the…
2Cases cited6 opinions
- Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
- Alabama Gold Life Insurance v. JohnstonSupreme Court of Alabama · 1886
- Blasingame v. Home Ins. Co. of City of N.Y.California Supreme Court · 1888
- Grangers' Life Insurance v. BrownMississippi Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Big Creek Drug Co. v. Stuyvesant InsuranceMississippi Supreme Court · 1917
- Hartford Fire Ins. v. J. R. Buckwalter Lumber Co.Mississippi Supreme Court · 1917
- Yazoo & Mississippi Valley Railroad v. HumphreyMississippi Supreme Court · 1903
- Ætna Ins. Co. of Hartford v. TaylorCourt of Appeals for the Fifth Circuit · 1936
- American Insurance v. CrawfordMississippi Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.