Coleman v. Phoenix Insurance
Missouri Court of Appeals
Appeal from the Lawrence Circuit Court. — Hon. J. C. Lamson, Judge. There is no allegation in the petition of the value of the property. For this reason the judgment must be reversed. Story v. Ins. Co., 61 Mo. App. 534. The court erred in striking out the allegations of answer as to the pendency of garnishment proceedings against insurer. Hrnbree v. Hanna, 5 Johns.
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Appeal from the Lawrence Circuit Court. — Hon. J. C. Lamson, Judge. There is no allegation in the petition of the value of the property. For this reason the judgment must be reversed. Story v. Ins. Co., 61 Mo. App. 534. The court erred in striking out the allegations of answer as to the pendency of garnishment proceedings against insurer. Hrnbree v. Hanna, 5 Johns. (N. Y.) 101; Crosslight v. Crisup, 58 Mich. 531; Crawford v. Chite, 7 Ala. 157. The loss having been made payable to the mortgagees, as their interest may appear, and the evidence disclosing an interest, this suit can not be…
1Opinion of the Court
Bond, J:
This is an action for the recovery of damages to personal property alleged to have been destroyed by fire while insured by defendant for $1,000. The answer of the defendant insurance company set up a breach of the' conditions of the policy. The other defendants, alleged in the petition to be claimants of the insurance money, answered by a general denial. There was a verdict for plaintiff, from which the insurance company appealed.
*568Fire insurance: loss of personal property: pleading: proof: aider byby verdict. The first question presented, is the sufficiency of the petition to state a…
2Cases cited1 opinion
- Barnett's v. Board of President of the St. Louis Public SchoolsMissouri Court of Appeals · 1895
3Cited by7 opinions
- Duckworth v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1970
- Stahlberg v. Travelers Indemnity Co.Missouri Court of Appeals · 1978
- Gustin v. Concordia Fire InsuranceSupreme Court of Missouri · 1901
- Connecticut Fire Ins. Co. v. WilliamsSupreme Court of Oklahoma · 1927
- Sappington v. St. Joseph Mutual Fire InsuranceMissouri Court of Appeals · 1897
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