McGehee v. Insurance Co. of North America

Fifth Circuit

McGehee v. Insurance Co. of North America

112 F. 853, 50 C.C.A. 551, 1902 U.S. App. LEXIS 3900

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 7, 1902

DocketNo. 1,036

StatusPublished

Cited by11 cases

This text of 112 F. 853 (McGehee v. Insurance Co. of North America) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McGehee v. Insurance Co. of North America, 112 F. 853, 50 C.C.A. 551, 1902 U.S. App. LEXIS 3900 (5th Cir. 1902).

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PER CURIAM.

The suit of John S. McGehee v. The Insurance Company of North America, No. 12,008, of the docket of the circuit court of the United States, Eastern district of Louisiana, was brought to recover on a fire insurance policy. The allegations in the answer filed in that suit, to the effect that the plaintiff had intentionally burned or procured to be burned the property, goods, and effects claimed to have been lost, and. that in the proofs of loss the plaintiff had grossly and fraudulently overestimated their value, whereby the policy had been avoided, were relevant and pertinent as matters of defense, and are absolutely privileged. See Townsh. Sland. & L. § 221; Folkard’s, Starkie, Sland. § 196; Odgers, Lib. & Sland. p. 141; Wilson v. Sullivan, 81 Ga. 238, 7 S. E. 274; Gains v. Insurance Co. (Ky.) 47 S. W. 884; Abbott v. Bank (Wash.) 56 Pac. 376; Sherwood v. Powell (Minn.) 63 N. W. 1103, 29 L. R. A. 153, 53 Am. St. Rep. 614; Jones v. Brownlee (Mo.) 61 S. W. 795, 53 L. R. A. 445; Johnson v. Brown, 13 W. Va. 119; Shelfer v. Gooding, 47 N. C. 181; Gardemal v. McWilliams, 43 La. Ann. 457, 9 South. 106, 26 Am. St. Rep. 195.

- The judgment of the circuit court is affirmed.

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PER CURIAM.

The suit of John S. McGehee v. The Insurance Company of North America, No. 12,008, of the docket of the circuit court of the United States, Eastern district of Louisiana, was brought to recover on a fire insurance policy. The allegations in the answer filed in that suit, to the effect that the plaintiff had intentionally burned or procured to be burned the property, goods, and effects claimed to have been lost, and. that in the proofs of loss the plaintiff had grossly and fraudulently overestimated their value, whereby the policy had been avoided, were relevant and pertinent as matters of defense, and are absolutely privileged. See Townsh. Sland. & L. § 221; Folkard’s, Starkie, Sland. § 196; Odgers, Lib. & Sland. p. 141; Wilson v. Sullivan, 81 Ga. 238, 7 S. E. 274; Gains v. Insurance Co. (Ky.) 47 S. W. 884; Abbott v. Bank (Wash.) 56 Pac. 376; Sherwood v. Powell (Minn.) 63 N. W. 1103, 29 L. R. A. 153, 53 Am. St. Rep. 614; Jones v. Brownlee (Mo.) 61 S. W. 795, 53 L. R. A. 445; Johnson v. Brown, 13 W. Va. 119; Shelfer v. Gooding, 47 N. C. 181; Gardemal v. McWilliams, 43 La. Ann. 457, 9 South. 106, 26 Am. St. Rep. 195.

- The judgment of the circuit court is affirmed.

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112 F. 853, 50 C.C.A. 551, 1902 U.S. App. LEXIS 3900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgehee-v-insurance-co-of-north-america-ca5-1902.

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