Mechanics' & Traders' Insurance v. Smith
Cases that cite this one
5 later published cases cite this decision.
- General Insurance Company of America v. Killen (Ala. 1960)
- The Charles Stores, Inc. v. Aetna Insurance Company, the Charles Stores, Inc. v. Hartford Fire Insurance Company (5th Cir. 1970)
- Alabama Farm Bureau Mutual Casualty Insurance v. Hicks (Ala. Ct. App. 1960)
- Columbia Ins. v. King (5th Cir. 1929)
- Pacific Mut. Life Ins. Co. of Cal. v. O'Neil (Okla. 1913)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the court.
A week after the fire, with full knowledge by the insurance company, through its special agent and adjuster, Mr. Alexander, of the existence of the mortgage, it received, through its local agent, Mr. Russell, the premium on the policy, and held it. This fact carries the whole case shown by the record for the assignee of the insured, because it was a waiver of its defenses. See the concluding paragraph of the opinion in Assurance Co. v. Phelps, 77 Miss., 660 (27 So., 745). And see Mitchell v. Insurance Co., 72 Miss., 53 (18 So., 86); Insurance Co. v. Freeman, 19 Tex. Civ. App., 632 (47 S. W., 1025); American Fire Ins. Co. v. First Nat. Bank of Vicksburg, 73 Miss., 470 (18 So., 931). Tender of this premium back after trial commenced is too late.
We are ready to decide the other questions presented, but it is unnecessary to do so.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.