Scottish Union & National Insurance v. Warren-Gee Lumber Co.

Citations

• 103 Miss. 816
• 60 So. 1010

Syllabus

<p>1. Equity. Jurisdiction. Separate contracts. Multiplicity of suits. Injunction. Cross-hill.</p> <p>Where several insurance companies had issued separate policies upon the same property with similar coinsurance clauses in each, such policies were independent contracts, the liability of one company not being affected by that of any other company, and this clause afforded no ground for an accounting, or to enforce contributions for it provides for neither. In such case-all of such insurance companies were not entitled to join in. the same bill to set aside all the policies and enjoin suits to enforce them, as something more than a community of interest in questions of law and fact involved was necessary for such joinder.</p> <p>2. Samis.</p> <p>Where several insurance companies having separate insurance-policies upon the same property join in a bill to set aside-their several policies and to enjoin the collection ■ of the same- and the insured files a cross-hill to enforce the same, if the original bill is not sustainable for failure to state facts sufficient to show equity jurisdiction, the cross-bill was also not sustainable for the same reason, though the trial court assumed jurisdiction, as such case is not within the terms of section 147 of the Constitution of 1890.</p>