Liverpool & London & Globe Insurance v. Van Os & Shuster

Citations

• 63 Miss. 431

Syllabus

<p>1. Supreme Court Practice. Erroneous instruction granted both parties in a case.</p> <p>Where both the plaintiff and defendant in a case, in instructions granted by the court, invoke substantially the same rule of law for the guidance of the jury in determining their verdict, the fact that the rule so invoked is erroneous does not, in favor of either party, constitute a good ground for reversal of the judgment rendered.</p> <p>2. Fire Insurance. Insured keeping gunpowder. Notice to agent whether notice to company.</p> <p>Notice by one about to take out a policy of fire insurance on his stock of merchandise to the agent taking the application, and whose business is simply •“ to solicit, receive, and submit applications, and to deliver policies and collect premiums,” that the applicant keeps gunpowder in his stock, is not notice *of such fact to the insurance company whose policy issued to such applicant prohibits him to keep gunpowder in the insured stock. Insurance Companies v. Sorsby, 60 Miss. 302, cited.</p> <p>.3. Same. Printed prohibition. Written qualifications. General description, followed by specific enumeration.</p> <p>Where a policy of insurance is issued on a stock “ of general merchandise consisting ©f dry goods, clothing, and groceries,” the language quoted being in writing, and by a printed condition such policy is made void if gunpowder be kept, in a suit on such contract of insurance, it is not a sufficient excuse for ' keeping gunpowder for the insured to show that gunpowder is included !by usage and custom under the general words “ general merchandise;” but it must be shown that gunpowder is included in the specific words, “dry goods, clothing, and groceries,” within the fair import of those words as used by the -contracting parties.</p> <p>4. Same. Evidence. Usage and custom.</p> <p>And in such case resort may be had to the usage and custom of merchants in the community to determine such fair import of the words so used.</p>