Armstrong v. Employer's Liability Assur. Corp.

Citations

• 125 Miss. 570
• 88 So. 163

Syllabus

<p>1. EIvidenob. Evidence of nonpayment of judgment in fact admissible.</p> <p>Where a pending lawsuit is compromised for a certain amount which is paid to the plaintiffs and an order of dismissal taken in the case, which by agreement is set aside and a formal judgment entered reciting a trial by a jury and verdict for a certain sum, which, judgment was voluntarily marked satisfied by plaintiffs, testimony is admissible to show that no loss was incurred and no money actually paid out in satisfaction of this judgment.</p> <p>2. Evidence. Testimony of nonpayment of satisfaction money held, not to vary court records showing satisfaction of judgment.</p> <p>This testimony does not vary, alter, contradict, or impeach the records of the court, which records show the rendition and satisfaction of the judgment.</p> <p>3. Evidence. Evidence showing no loss sustained hy assured, and no money paid t>y him, held competent in suit on indemnity policy.</p> <p>Where a party has compromised a suit against him, and paid to the paintiffs the sum of three thousand five hundred dollars in full settlement therefor, and had the suit' dismissed, and subsequently, at .the request of the insurance- company, which has agreed to pay any loss by reason of liability imposed by law upon the assured (the plaintiff) for damages on account of personal injuries, and -upon the request of the insurance company the order of dismissal is set aside and a judgment entered, reciting a trial by jury and a verdict in plaintiff’s favor for this amount, which judgment is marked satisfied by the plaintiffs, under this insurance agreement it is competent for the insurance company to prove that no loss was sustained by the assured, and no money was paid out by him in satisfaction of the judgment, but that the amount was actually paid before the judgment was entered. This testimony in no wise impeaches the records of the court showing the entry and satisfaction of the judgment.</p>