Legal Opinion

Karnes v. American Fire Insurance

Supreme Court of Missouri

Decided June 7, 1898PublishedCited by 24 opinions

Transferred from St. Louis Court of Appeals. (1) In the State of Maine a like statute was attacked, but was held to be constitutional. ■ Doblier v. Agl. Ins. Co., 67 Me. ,180. This seems to be the only case passing on the question. (2) Respondent claims the statute violates the constitutional protection of one’s property. In fact it is a wise provision protecting the 'policy holder in the right to recover his loss. It does not impair the obligation of the contract.

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Transferred from St. Louis Court of Appeals. (1) In the State of Maine a like statute was attacked, but was held to be constitutional. ■ Doblier v. Agl. Ins. Co., 67 Me. ,180. This seems to be the only case passing on the question. (2) Respondent claims the statute violates the constitutional protection of one’s property. In fact it is a wise provision protecting the 'policy holder in the right to recover his loss. It does not impair the obligation of the contract. This statute existed when this policy was issued and the statute became a part of the contract. When the policy was issued…

1Opinion of the CourtWilliams, J.

This is a suit upon a policy of insurance, issued April 18, 1888, on a stock of millinery goods belonging to plaintiff. The property was destroyed by fire on the twenty-seventh of November in said year and during the time covered by the policy. The present suit was begun April 28, 1891. The case was tried by the court without a jury, and, at the close *416of the testimony, a declaration of law was given that, under the pleadings and evidence, plaintiff could not recover. Judgment was accordingly rendered for defendant, and an appeal was taken to the St. Louis Court of Appeals. The case was…

2Cases cited8 opinions

  1. Frisbie v. United StatesSupreme Court of the United States · 1895
  2. Equitable Life Assurance Society v. ClementsSupreme Court of the United States · 1891
  3. Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
  4. Insurance Co. of North America v. BrimIndiana Supreme Court · 1887
  5. Henry & Coatsworth Co. v. EvansSupreme Court of Missouri · 1888

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3Cited by24 opinions

  1. Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
  2. McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
  3. United States Fire Ins. Co. v. SwydenSupreme Court of Oklahoma · 1935
  4. Ritter v. Aetna Casualty & Surety Co.Missouri Court of Appeals · 1985
  5. Jackson v. Prairie Oil & Gas Co.Supreme Court of Kansas · 1924

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