King v. Kellogg

Citations

• 114 Miss. 375
• 75 So. 134

Syllabus

<p>1. Appeal and Error. Former appeal. Law of the case.</p> <p>An opinion rendered by the supreme court on a former appeal becomes the law of the case and controls subsequent appeals.</p> <p>2. Gifts. Security for advances to tenant. Sufficiency of evidence.</p> <p>Under the facts in this case the court held the evidence sufficient to show that the assignment of the insurance policy by the tenant to the landlord was not a gift but was made as a collateral security for advances.</p> <p>3. Bankruptcy. Waiver of exemptions. Insurance policy assigned as collateral.</p> <p>An insurance policy assigned as collateral to secure advances. is exempt in bankruptcy proceedings, although payable to the assignees absolutely.</p> <p>4. Bankruptcy. Debts discharged. Unliquidated demands. Security. Where a tenant assigned an insurance policy to his landlord only</p> <p>to secure advances to make a crop, in a suit by the tenant’s administratrix against the landlord to recover the proceeds of such policy, it was error to permit the landlord to set off other debts when the tenant had been discharged in bankruptcy from such debts.</p> <p>5. Bankruptcy. Discharge. Secured debts. Burden of proof.</p> <p>The burden was on the landlord who alleged an assignment of his tenant’s insurance policy as collateral to show what debts the assignment covered where the tenant’s unliquidated debts had been discharged in bankruptcy.</p> <p>6. Compromise and Settlement. Sufficiency of evidence.</p> <p>Under the facts in this case the court held that the evidence showed that the landlord and tenant had made a full settlement of all claims pleaded by the landlord in set off to the action by the administratrix of the tenant to recover the prqceeds from insurance policies assigned as collateral security by the tenant.</p>