City of De Soto v. American Guaranty Fund Mutual Fire Insurance
Missouri Court of Appeals
Appeal from Jefferson Circuit Court. — How. Frcmk R, Dearing, Judge. (1) It is well-settled law that if the finding of facts is clearly against the evidence, or that there is no evidence to support the finding, the appellate court will reverse that finding. The valued-policy law applies only to real estate. R. S. 1899, sec. 7970. (2) An inspection of the record will show that there was not a scintilla of evidence that the personal property was worth $200 or any other amount.
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Appeal from Jefferson Circuit Court. — How. Frcmk R, Dearing, Judge. (1) It is well-settled law that if the finding of facts is clearly against the evidence, or that there is no evidence to support the finding, the appellate court will reverse that finding. The valued-policy law applies only to real estate. R. S. 1899, sec. 7970. (2) An inspection of the record will show that there was not a scintilla of evidence that the personal property was worth $200 or any other amount. Witness Ballard, plaintiff’s only witness, stated that the property originally cost between $200 and $300, that it had…
1Opinion of the CourtReyburn, J.
Respondent, a city of the third class, brought this action against defendant, a corporation organized under the fire insurance laws of the State of Missouri, on a policy issued by it insuring two frame, dwellings in the sum of $500 each, and $100 upon the contents of each of such buildings.
The defenses interposed by defendant’s answer and relied on to defeat plaintiff’s claim were, that the buildings insured had becom^ were and remained vacant and unoccupied at the time of the fire and for ten days prior thereto, and thereby under the express terms of the contract of insurance the policy…
2Cases cited6 opinions
- Kansas City, Memphis & Birmingham Railroad v. Southern Railway News Co.Supreme Court of Missouri · 1899
- Parsons v. Knoxville Fire InsuranceSupreme Court of Missouri · 1896
- Freeman v. MoffittSupreme Court of Missouri · 1893
- Rissler v. American Central InsuranceSupreme Court of Missouri · 1899
- Sutter v. RaederSupreme Court of Missouri · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Duckworth v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1970
- Central Surety & Insurance v. HintonMissouri Court of Appeals · 1939
- Stahlberg v. Travelers Indemnity Co.Missouri Court of Appeals · 1978
- Lawson v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1914
- Peak v. TaubmanSupreme Court of Missouri · 1913
13 more not listed; retrieve them via the Exa API.