Wright & Son v. Bankers' & Merchants' Town Mutual Fire Insurance
Missouri Court of Appeals
Error to the Linn Circuit Court. — Hon. W. W. Rucker, Judge. The petition does not allege that the money sued for 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. This is fatal. Brown v. Shock, 27 Mo. App. 351; Shears v. Bond, '79 Mo. 468-471; Williams v. Knigh-ton, 1 Ore. 234; Sappington v. Ins. Co., 72 Mo.
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Error to the Linn Circuit Court. — Hon. W. W. Rucker, Judge. The petition does not allege that the money sued for 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. This is fatal. Brown v. Shock, 27 Mo. App. 351; Shears v. Bond, '79 Mo. 468-471; Williams v. Knigh-ton, 1 Ore. 234; Sappington v. Ins. Co., 72 Mo. App. 74. The petition alleges that the stock of goods insured was contained in a frame store building at the time1 the policy was issued, but there is no averment anywhere as to the location…
1Opinion of the CourtEllison, J.
This is an action on a policy of fire insurance whereby a stock of goods described in the policy as being located in a certain frame building was insured. There was a judgment for plaintiffs in the circuit court.
Defendants attack the sufficiency of the petition, claiming that it fails to state a cause of action. The point is well taken. The petition nowhere alleges the value of the goods destroyed. It does ** state that “plaintiffs had an interest in the entire stock of merchandise so insured as aforesaid, as owners thereof, to an amount exceeding the amount of the insurance on the said stock…
2Cases cited6 opinions
- Story v. American Central InsuranceMissouri Court of Appeals · 1895
- Brown v. ShockMissouri Court of Appeals · 1887
- Green v. Lancashire InsuranceMissouri Court of Appeals · 1897
- Sappington v. St. Joseph Mutual Fire InsuranceMissouri Court of Appeals · 1897
- Todd v. Germania Fire InsuranceMissouri Court of Appeals · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Germania Fire Ins. Co. v. BarringerSupreme Court of Oklahoma · 1914
- Wood v. General Insurance Co. of AmericaMissouri Court of Appeals · 1934
- Boulware v. Farmers' & Laborers' Co-Operative InsuranceMissouri Court of Appeals · 1899
2 more not listed; retrieve them via the Exa API.