Newmark v. Liverpool & London Fire & Life Insurance
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action by Abraham Newmark against the Liverpool and London Fire and Life Insurance Company to recover for a loss by fire on his stock of goods covered by a policy, issued by the said company, for five thousand dollars. There was another policy issued by the Citizens’ Insurance Company on the same goods.
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Appeal from St. Louis Court of Common Pleas. This was an action by Abraham Newmark against the Liverpool and London Fire and Life Insurance Company to recover for a loss by fire on his stock of goods covered by a policy, issued by the said company, for five thousand dollars. There was another policy issued by the Citizens’ Insurance Company on the same goods. The plaintiff claimed that his whole loss amounted to nine thousand and eiglity-one dollars and forty-two cents, one-half of which, with interest, he claimed to recover of defendant. At the trial the plaintiff adduced proofsc to show the…
1Opinion of the CourtNapton, Judge
We consider the third instruction, which was given in this cáse for the defendant, as objectionable. The rule in relation to stolen goods had been sufficiently explained to the *164jury in tlie first instruction given for the plaintiff, and the restriction of the liability of the company for thefts to the precise period when the fire was extinguished is not in accordance with the principle upon which such liability is based. That principle is alluded to in the instruction first given on this subject; the precise time when a theft occurs is not important, if it be occasioned directly by the fire.…
2Cases cited1 opinion
- Howard v. City Fire InsuranceNew York Supreme Court · 1847
3Cited by33 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Madison Block Pharmacy, Inc. v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1981
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
- Tennis v. General Motors Corp.Missouri Court of Appeals · 1981
- Queen Insurance v. Patterson Drug Co.Supreme Court of Florida · 1917
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