Statham v. New York Life Insurance

Citations

• 45 Miss. 581

Syllabus

<p>1. Attachments in chancery — when they tie.—Tbe basis of tbe jurisdiction of tbe cbancery courts to maintain attachment under art. 60, p. 519, Rev. Code, 1857, is purely statutory, and depends on tbe condition of facts stated in tbe statute, to wit, tbe absence of tbe debtor; tbe presence of effects here belonging to, or a debt due to him; or bis owning lands and tenements in this state.</p> <p>2. Thee insurance—agency—eeeect oewae on agency.—Where, at tbe opening of tbe war, a life insurance company of New York bad an agent in Mississippi, who remained during, tbe war, tbe war did not, per se, revoke, tbe agency, nor make it unlawful for tbe agent to receive premiums which were tendered. A payment to him would have been a discharge of tbe debt, and a tender to him of tbe annual premium due 8th December, 1861, saved tbe assured from being in default as to payment of premiums.</p> <p>3. Same—eeeect oe war on contract oe insurance.—Unless for their completion, it be necessary that some act be done, calculated to lend aid and comfort to tbe enemy, partly executed contracts, as life insurance policies, on which the premiums have, up to tbe war, been regularly paid, are not annulled' by the war, but are suspended until its conclusion.</p> <p>A Agencies oe eoreign insurance companies in this state—eeeect oe our statutes. — Foreign insurance companies, dealing with our citizens under Revised Code of 1857, p. 303, § 11, must be considered as engaging to accept performance from tbe assured here, and on their part to pay losses here.</p> <p>5. Equity pleading—exhibits eorm no part oe bill on demurrer.— Exhibits cannot be looked to, either to aid a defective and insufficient statement, of tbe title to relief and discovery, or as taking away and defeating such right.</p>