BIRMINGHAM FIRE INS. CO. v. McKNIGHT

No. 42632.

246 Miss. 578 (1963)

151 So.2d 409

BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA v. McKNIGHT, et al.

Supreme Court of Mississippi.

April 1, 1963.


Attorney(s) appearing for the Case

Eaton, Cottrell, Galloway & Lang, Gulfport; Watkins & Eager, Jackson, for appellant.

Floyd & Holleman, Gulfport, for appellees.


JONES, J.

The insurance company had issued to McKnight a policy on a house situated in Gulfport, Mississippi. The amount was $5,000. The property burned. Suit was filed for the $5,000. At the conclusion of the evidence, the Circuit Court of Harrison County gave a peremptory instruction for McKnight and the mortgagee for the full amount of the policy.

On this appeal two questions are raised: (1) It is claimed that the insured failed to prove the amount of his...

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