U.S. FIDELITY & GUARANTY CO. v. WHITFIELD

No. 49959.

355 So.2d 307 (1978)

UNITED STATES FIDELITY & GUARANTY COMPANY v. Barney J. WHITFIELD.

Supreme Court of Mississippi.

Rehearing Denied March 15, 1978.


Attorney(s) appearing for the Case

Roberts & Easterling, M.M. Roberts, Hattiesburg, for appellant.

Holmes & Dukes, Paul H. Holmes, Alfred B. Jernigan, Jr., John W. Lee, Jr., Hattiesburg, for appellee.

Before PATTERSON, C.J., and BROOM and WALKER, JJ.


BROOM, Justice, for the Court:

Insurance policy proceeds for a fire loss were sought by plaintiff, Barney J. Whitfield (appellee, insured) in his suit against U.S.F. & G. (appellant) in the Circuit Court of Forrest County. Trial without a jury resulted in a joint $74,546.50 judgment for the insured, Whitfield, and intervenor, First Mississippi National Bank, loss payee under the mortgage clause of the policy. We reverse.

Whitfield operated a wholesale...

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