Nalley v. Home Insurance
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. D. H. Eby, Judge. (1) The Act of 1895 (Laws 1895, p. 194, being Sec. 7030, R. S. 1909) is unconstitutional. Constitution, ¿rt. 4, sec. 28>. Tbe act consists of but one section.
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Appeal from Pike Circuit Court. — Hon. D. H. Eby, Judge. (1) The Act of 1895 (Laws 1895, p. 194, being Sec. 7030, R. S. 1909) is unconstitutional. Constitution, ¿rt. 4, sec. 28>. Tbe act consists of but one section. Tbe first part of tbe section delegates to fire insurance companies doing business in tbe State of Missouri and the Insurance Commissioner authority to agree upon a uniform form of policy for use by said insurance companies in tbe State of Missouri to be classed and known as tbe Missouri fire insurance policy. That part of tbe section is unconstitutional because it attempts to…
1Opinion of the CourtGraves, J.
This is an action upon what is ordinarily called a “Cyclone or Tornado policy” of insurance, wherein the plaintiff seeks to recover $2000 for damages 'to his residence in Pike county, Missouri. The petition is in usual form and unchallenged here, therefore further particulars of this pleading may be omitted. The crux of the case lies in the answer and other matters injected in the course of the trial. The points in the answer can best be stated by the terms of that pleading. Such answer is as follows:
“The defendant for answer to plaintiff’s petition says:
“1st. It admits that it is licensed to…
2Cases cited8 opinions
- State ex rel. Railroad & Warehouse Commission v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1888
- O'Neil v. Am. Fire Ins.Supreme Court of Pennsylvania · 1895
- Chicago & N. W. Ry. Co. v. DeyU.S. Circuit Court for the Southern District of Iowa · 1888
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Anderson v. Manchester Fire Assurance Co.Supreme Court of Minnesota · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Edwards v. Business Men's Assurance Co. of AmericaSupreme Court of Missouri · 1942
- United States v. Fred Bennett WelchCourt of Appeals for the Tenth Circuit · 1991
- Gould v. MFA Mutual Insurance CompanyMissouri Court of Appeals · 1960
- Scottish Union & National Insurance v. Phoenix Title & Trust Co.Arizona Supreme Court · 1925
- State Ex Rel. Burton v. AllenSupreme Court of Missouri · 1925
9 more not listed; retrieve them via the Exa API.