Lester v. Mississippi Home Ins. Co
| Decision Date | 23 December 1895 |
| Citation | 19 So. 99 |
| Court | Mississippi Supreme Court |
| Parties | LESTER et al. v. MISSISSIPPI HOME INS. CO |
Appeal from circuit court, Yalobusha county; Eugene Johnson, Judge.
Affirmed.
I.T Blount for appellants.
Brewer & Wilson and W V. Sullivan, for appellee.
This suit was brought by appellants against appellee to recover on an insurance policy which had been issued to one Gore, and by him, with the knowledge and consent of appellee, assigned to Mrs. Lester. The defenses relied on at the trial were that the insured failed to disclose an incumbrance which existed on the property at the time the policy was issued, that the property was overvalued, and that the house had been vacant for more than 10 days, in violation of such requirements in the policy. It is conclusively shown by the evidence that there was a mortgage on the property at the time the policy was issued. The evidence as to the last defense was that the house burned was plaintiff's residence. occupied by herself and family; but, at the time of the burning, she, with her family, were away from home on a hunting and fishing expedition. There was a servant left in charge, who had a family, and lived 200 or 300 yards from the house; but he stestified that he stayed in the house every night, except on the night of the fire. The husband testified that he returned to the home every day or so to look after it, and a brother-in-law was also looking after it. The court gave a peremptory instruction to find for defendant. From a verdict, and judgement accordingly, plaintiffs appealed.
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