James v. Insurance Co. of the State
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Eon. Jas. G. Barnett, Judge. The court erred in refusing to give the instruction in the nature of a demurrer to the evidence, asked by defendant, at the close of plaintiff’s testimony.
Read the full summary
Appeal from Audrain Circuit Court. — Eon. Jas. G. Barnett, Judge. The court erred in refusing to give the instruction in the nature of a demurrer to the evidence, asked by defendant, at the close of plaintiff’s testimony. Th¿ policy contains a provision that in case of a disagreement as to the amount of loss, that the said loss should be ascertained by appraisers in the manner provided in the policy, and that such appraisal is a condition precedent to the plaintiff’s right to recover. Such provision is a valid condition in the policy and must be complied with. T-he burden is upon the…
1Opinion of the CourtGoode, J.
While plaintiff held a policy of insurance in the defendant company, a fire consumed part of the insured property; a stock of drugs and other merchandise insured for one thousand dollars and some pool tables for two hundred dollars. This action was instituted to recover the damages. Several defenses were interposed; bnt we are concerned with only one of them, i. e., that plaintiff did not, before suing, take steps to have the amount of the loss ascertained by an appraisal. The policy contained, among other clauses, one in the nsual form regarding an appraisement, and providing that, in the…
2Cases cited5 opinions
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Cooks v. Continental InsuranceSupreme Court of Missouri · 1879
- Murphy v. Northern British & Mercantile Co.Missouri Court of Appeals · 1895
- Dautel v. Pennsylvania Fire InsuranceMissouri Court of Appeals · 1896
- McDermott v. BarnumSupreme Court of Missouri · 1853
3Cited by2 opinions
- US Fidelity & Guar. Co. v. RomayDistrict Court of Appeal of Florida · 1999
- Leggett v. Louisiana Purchase Exposition Co.Missouri Court of Appeals · 1911