Rivara v. Queen's Insurance
Mississippi Supreme Court
Appear from .the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. On the 5th of May, 1882, the Queen Insurance Company, of Liverpool, England, through its agent, O. Metcalf, at Natchez, in this State, issued to James Kivara a policy of insurance for one thousand dollars against loss by fire for the period of twelve months upon a “stock of family groceries, wines, liquors, and other merchandise,” in a certain building occupied by the assured as a store, in the city…
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Appear from .the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. On the 5th of May, 1882, the Queen Insurance Company, of Liverpool, England, through its agent, O. Metcalf, at Natchez, in this State, issued to James Kivara a policy of insurance for one thousand dollars against loss by fire for the period of twelve months upon a “stock of family groceries, wines, liquors, and other merchandise,” in a certain building occupied by the assured as a store, in the city last mentioned. The fifth condition to this policy contained, among other printed stipulations, two to the effect that…
1Opinion of the CourtArnold, J.
There is no just ground to complain of the action of the court in •overruling the objections made to the policies read in evidence in regard to other insurance. But refusing the instructions asked by the appellant, and giving those asked by the appellee, was virtually instructing the jury to find for the latter. On the facts exhibited by the record, the law is not so conclusive on the issues involved as to dispense with the consideration and judgment of a jury upon them.
It should have been left to the jury to determine, with other facts, whether the agent who issued the policy sued on had…
2Cases cited8 opinions
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- Commercial Insurance v. SpanknebleIllinois Supreme Court · 1869
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