Sims v. State Insurance
Supreme Court of Missouri
Appeal from Sixth District Court. I. A certificate of loss sworn to by the insured himself is a condition precedent, and must be complied with before a recovery can be had on the policy. (Mann v. Harvey, 8 Exch. 819 ; Norton v. The R. & S. M. Co., 8 Cow. 645; Ang. Ins., § 226; Noonan v. Hartford Ins. Co., 21 Mo. 81; 2 Pet. 25; 10 Pet. 507; Wallingford v. Home Mut. Ins. Co., 30 Mo. 46 ; 3 Kent’s Com. 376, and authorities cited; Leadbetter v. Ins. Co., 13 Me. 265; Ang.
Read the full summary
Appeal from Sixth District Court. I. A certificate of loss sworn to by the insured himself is a condition precedent, and must be complied with before a recovery can be had on the policy. (Mann v. Harvey, 8 Exch. 819 ; Norton v. The R. & S. M. Co., 8 Cow. 645; Ang. Ins., § 226; Noonan v. Hartford Ins. Co., 21 Mo. 81; 2 Pet. 25; 10 Pet. 507; Wallingford v. Home Mut. Ins. Co., 30 Mo. 46 ; 3 Kent’s Com. 376, and authorities cited; Leadbetter v. Ins. Co., 13 Me. 265; Ang. Ins., §§ 225, 227; ¿Etna Ins. Co. v. Tyler, 16 Wend. 385; Chouquette v. Barada, 28 Mo. 491; Farrar V. David, 33 Mo. 482.) TT.…
1Opinion of the CourtBliss, Judge
The plaintiff recovered judgment in the Hannibal Common Pleas upon a policy of insurance, which was affirmed in the District Court. The case seems to have been sharply contested, and in exceptions to evidence and in the multitude of instructions to the jury given and refused, the points are developed upon which the defendant’s counsel seek to reverse the judgment.
The assured were required by the policy to give notice of the loss fortliAvith, and Avithin three days to send to the office of the company a particular account of the loss, signed and sworn to by the assured. Notice was at once…
2Cases cited6 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Phillips v. Protection InsuranceSupreme Court of Missouri · 1851
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
- Archer v. Merchants' & Manufacturers' InsuranceSupreme Court of Missouri · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Masonic Mutual Benefit Ass'n v. BeckIndiana Supreme Court · 1881
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Breckinridge v. American Central InsuranceSupreme Court of Missouri · 1885
- German Fire Insurance v. GrunertIllinois Supreme Court · 1884
- Renshaw v. Missouri State Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1890
12 more not listed; retrieve them via the Exa API.