Crescent Insurance v. W. R. Moore & Co.

Mississippi Supreme Court April 15, 1886

Crescent Insurance v. W. R. Moore & Co., 63 Miss. 419 (Miss. 1886)

Arnold

Opinion of the Court

Arnold, J.,

delivered the opinion of the court.

An insurance company may be garnished as the debtor of a person whom it has insured, after loss has occurred under a policy which it has issued to such person, whether the claim for such loss has been adjusted or not. Drake on Attachment, 5th ed., § 549, and authorities there cited.

The proof on the trial of the issue raised by controverting appellant’s answer • showed,- prima fade, at least, liability on the part of appellant to Black & Sudduth. If appellant had any defense against the claim of Black & Sudduth it should have been made on that issue; but none was attempted' to be made on that issue, and no valid reason is shown why it was not done.

Affirmed.

Reference

Full Case Name: Crescent Insurance Company v. W. R. Moore & Co.
Cited By: 6 cases
Status: Published
Syllabus: 1. Garnishment. Against insurance company. Before adjustment with debtor. An insurance company may be garnished as the debtor of one insured, after loss, and before adjustment thereof. 2. Same. Denial of indebtedness. Traverse and proof. Case in judgment. An insurance company was garnished by M., a creditor of B. It answered, denying any indebtedness, and setting out that the “ matter is in dispute and litigation about to ensue.” The plaintiff, M., traversed the denial of indebtedness. On the trial the plaintiff read a policy of fire insurance in favor of B. and the proof of loss furnished the company, as required by the policy, and showed that such proof had never been objected to. The garnishee did not appear, and judgment was rendered for the plaintiff. Held, that the judgment was properly so rendered. The evidence was sufficient to show, prima facie, a liability.