Rickey v. German Guarantee Town Mutual Fire Insurance
Missouri Court of Appeals
Appeal from the Gentry Circuit Court. — Hon. C. A. Anthony, Judge. (1) The court erred in admitting evidence concerning the knowledge of Kelso as to incirmbrances upon the land, acquired as agent of Henly.
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Appeal from the Gentry Circuit Court. — Hon. C. A. Anthony, Judge. (1) The court erred in admitting evidence concerning the knowledge of Kelso as to incirmbrances upon the land, acquired as agent of Henly. If defendant can, under the contract in this case, be affected with knowledge of the agent, it can only be affected with such knowledge acquired by the agent in the transaction of defendant’s business; knowledge acquired by Kelso while acting as agent for Henly in examining the farm can not be imputed to defendant. Bank v. Eritze, 2 Mo. App. Eep. 2. (2) The defendant in this case is not…
1Opinion of the CourtEllison, J.
This action is on a fire insurance policy. Plaintiff recovered in the trial court.
The evidence disclosed that the application signed by plaintiff contained false statements as to the amount of incumbrances on the property, and as to the cash value of the property. It also made a false statement as to the chimneys — stating they were built from the ground up, when in fact, they were built from -the upper joist. On the margin of the application was printed, in large type: “We do not insure property where stovepipe enters brick chimney from the bottom, as they are very dangerous.”
insurance:…
2Cases cited15 opinions
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Merchants' National Bank v. LovittSupreme Court of Missouri · 1893
- Thomas v. Hartford Fire InsuranceMissouri Court of Appeals · 1886
- Benton v. German-American National BankSupreme Court of Missouri · 1894
- Johnston v. ShortridgeSupreme Court of Missouri · 1887
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3Cited by4 opinions
- German Insurance v. ShaderNebraska Supreme Court · 1903
- Bush v. Missouri Town Mutual InsuranceMissouri Court of Appeals · 1900
- Ramsey v. Farmers Mutual InsuranceMissouri Court of Appeals · 1940
- White v. Citizens Insurance Co. of New JerseyMissouri Court of Appeals · 1962