Halpin, Bonham & Co. v. E. O. Stanard & Co.

Citations

• 60 Miss. 822

Syllabus

<p>Marine Insurance. Loss of goods. Demand for price. Recoupment. Prior policy. Case in judgment.</p> <p>S. sold a lot of goods to H. and shipped the same by a boat which sunk, and the goods were lost. After putting the goods on board of the vessel, S. procured insurance on them. The insurance company being advised that H. had prior insurance on the goods, cancelled its policy and disclaimed any liability for the loss. H. insisted that there was no prior insurance and refused to pay S. for the goods unless he would deduct frojn his hill the amount which H. claimed to be due on the cancelled policy for the loss of the goods. S. sued H. for the full price of the goods, and recovered a judgment therefor. He Id, that the judgment is correct. If as claimed by H. there was no prior insurance, the policy obtained by S. was good, could not be cancelled by the company, after the loss, and H. might recover the amount due thereon. If H. held a prior policy which rendered invalid the one procured by S., he should have relied upon it, and sought indemnity for the loss by an action on it. In either view, H. cannot recoup the amount claimed upon the policy procured by S. against the demand for the price of the goods.</p>