Hamilton v. Aurora Fire & Marine Insurance
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon, Leroy B. Y allí ant, Judge. The instruction given by the court of its own motion was improperly given.
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Appeal from the St. Louis City Circuit Court. — Hon, Leroy B. Y allí ant, Judge. The instruction given by the court of its own motion was improperly given. This instruction was to the effect that the court below was bound to follow the mandate of this court and find for defendant and was objectionable in that the trial in the circuit court should have been on the m erits of the case, and at that trial the court should have judged according to the evidence and the law as it existe d at that time. The supreme court had laid down the law in the case of Hamilton v. Ins. Co., on the same and…
1Opinion of the CourtBiggs, J.
This is an action on a policy of insurance by which defendant agreed and contracted to insure plaintiffs’ stock of goods in Dead wood, Dakota territory, for the sum of fifteen hundred dollars, against loss by fire. The policy was dated o r took effect on the sixth day of July, 1880. During the life of the policy, to-wit, on the eighteenth day of January, 1881, the stock of goods covered by this policy o f insurance was destroyed by fire. Plaintiffs made due proof of loss, and defendant refusing to pay, this suit was begun by plaintiffs to *266recover the amount of the policy. The defendant…
2Cases cited3 opinions
- Chouteau v. AllenSupreme Court of Missouri · 1881
- Hamilton v. Home InsuranceSupreme Court of Missouri · 1887
- Hamilton v. Aurora Fire InsuranceMissouri Court of Appeals · 1884
3Cited by4 opinions
- Petty Et Ux. v. ClarkUtah Supreme Court · 1948
- Reichla v. GruensfelderMissouri Court of Appeals · 1892
- Thompson, Payne & Co. v. Irwin, Allen & Co.Missouri Court of Appeals · 1898
- Buchannan v. ColeMissouri Court of Appeals · 1896