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· 4/15/1876

Liverpool, London & Globe Insurance v. McGuire

Citations

  • 52 Miss. 227

Syllabus

<p>1. Pibe Insubaiíce : Evidence. Occupancy of house insured.</p> <p>[ In case of loss by firs of insured property, it is competent for the insured to testify to the verbal representations he made to the agent of the insurance company, at the time of effecting the insurance, as to the manner in which the house was to be occupied, and that it would be vacant the next summer, and that it was then vacant.</p> <p>2. Removal oe Causes to ti-ie United States Court : Citizenship.</p> <p>It is proper to refuse the petition of a party to remove a cause from the state court to the United States court, when it is not shown that either party is a citizen of this state.</p> <p>Insurance : Ownership of property. Loss by fire.</p> <p>It is competent for the insured to testify that he was the sole and exclusive owner of the house insured. Parties applying for insurance are not called on to settle questions of title -with very groat precision.</p> <p>4. Same: Vacancy of house. Increase of risk. Testimony of experts.</p> <p>Inrthe absence of any stipulation in thepolicy against the house becoming vacant, the testimony of an expert is inadmissible to prove that a risk is increased by a dwelling-house becoming vacant.</p>

Judges: Campbell

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