Sappington v. St. Joseph Mutual Fire Insurance
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. It does not allege the value of the property at the time of the fire. Story v. Ins. Co., 61 Mo. App. 534; Coleman v. Ins. Co., St. Louis court of appeals, 69 Mo.
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Appeal from the Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. It does not allege the value of the property at the time of the fire. Story v. Ins. Co., 61 Mo. App. 534; Coleman v. Ins. Co., St. Louis court of appeals, 69 Mo. App. 566. The petition does not allege that , the money sued for, or any money, was due when the suit was brought, nor are any facts alleged from which the court could determine whether the money was due or when it became due. Brown v. Shock, 27 Mo. App. 351; Shears v. Bond, 79 Mo.…
1Opinion of the CourtEllison, J.
This action is based on a fire insurance policy. The judgment in the circuit court was for plaintiff.
Objection is made to the sufficiency of the petition. We must hold the objection good. The petition nowhere alleges the value of the property destroyed. It does allege that plaintiff “had an interest” in the property insured to an amount exceeding the amount of insurance. This can not be accepted as an allegation of the value of the property. The value should have been plainly alleged. Story v. Ins. Co., 61 Mo. App. 534; Green v. Ins. Co., 69 Mo. App. 429; Coleman v. Ins. Co., 69 Mo. App. 566.…
2Cases cited6 opinions
- Harness v. National Fire InsuranceMissouri Court of Appeals · 1895
- Story v. American Central InsuranceMissouri Court of Appeals · 1895
- Clevinger v. Northwestern National InsuranceMissouri Court of Appeals · 1897
- Coleman v. Phoenix InsuranceMissouri Court of Appeals · 1897
- Green v. Lancashire InsuranceMissouri Court of Appeals · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tiller v. Farmers' Mutual Fire InsuranceMissouri Court of Appeals · 1927
- Wright & Son v. Bankers' & Merchants' Town Mutual Fire InsuranceMissouri Court of Appeals · 1898
- Gustin v. Concordia Fire InsuranceCourt of Appeals of Kansas · 1899
- Hilburn v. Phoenix InsuranceMissouri Court of Appeals · 1908
- Bonesteel Motor Co. v. National Union Fire InsuranceOregon Supreme Court · 1929
1 more not listed; retrieve them via the Exa API.