Ritchey v. Home Insurance
Missouri Court of Appeals
Appeal from Clark Circuit Court.- — Hon. E. R. McKee, Judge. (1) The court erred in sustaining plaintiff’s objection .to tire evidence offered by defendant tending to sbow that the policy was obtained by fraudulent representations as to the value of the building. This evidence seems to have been excluded upon the theory that the valued policy law had some bearing upon the question. But it has not.
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Appeal from Clark Circuit Court.- — Hon. E. R. McKee, Judge. (1) The court erred in sustaining plaintiff’s objection .to tire evidence offered by defendant tending to sbow that the policy was obtained by fraudulent representations as to the value of the building. This evidence seems to have been excluded upon the theory that the valued policy law had some bearing upon the question. But it has not. It may be that defendant, if liable at all would be liable for the face of the policy. But if the policy was fraudulently obtained no recovery could be had, because fraud vitiates. School District…
1Opinion of the CourtReyburn, J.
This action is upon a policy of insurance issued December 27, 1901, covering “$1,500 on the shingle roof frame building and additions, including' foundations, occupied as a private house.” January 4, 1902, consent was endorsed on the policy for occupancy of the barn by a careful tenant, and January 22, 1902,' the bam was burned. From judgment upon the verdict ’ of the jury in favor of plaintiff, defendant has appealed and in this court chiefly one objection to the judgment below is encountered; namely, that defendant was not permitted to introduce .evidence tending to prove that the policy…
2Cases cited9 opinions
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Kern v. Supreme Council, American Legion of HonorSupreme Court of Missouri · 1902
- Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
- Daggs v. Orient InsuranceSupreme Court of Missouri · 1896
- Schuermann v. Union Central Life InsuranceSupreme Court of Missouri · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- St. Paul Fire Marine Ins. Co. v. PeckSupreme Court of Oklahoma · 1914
- Gould v. MFA Mutual Insurance CompanyMissouri Court of Appeals · 1960
- Hanover Fire Ins. v. DallavoCourt of Appeals for the Sixth Circuit · 1921
- Farber v. American Automobile InsuranceMissouri Court of Appeals · 1915
- Buck v. Stuyvesant InsuranceMissouri Court of Appeals · 1922
3 more not listed; retrieve them via the Exa API.