Sisk v. American Central Fire Insurance
Missouri Court of Appeals
Appeal from Pulaski Circuit Court. — No». L. B. Wood-side, Judge. (1) It was the plaintiff’s duty to have notified -defendant before trial to produce the original proofs in its possession. It is not laying a proper foundation for secondary evidence to ask of the opposite party for the production of an original paper or document, on the moment, which he has not at hand. Sheehan v. Ins. Co., 53 ÍVIo.
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Appeal from Pulaski Circuit Court. — No». L. B. Wood-side, Judge. (1) It was the plaintiff’s duty to have notified -defendant before trial to produce the original proofs in its possession. It is not laying a proper foundation for secondary evidence to ask of the opposite party for the production of an original paper or document, on the moment, which he has not at hand. Sheehan v. Ins. Co., 53 ÍVIo. App. 355. (2) The rule is that, where a condition precedent exists, the performance of which is necessary to convert a right of action, such condition must be alleged and proven. Price v.…
1Opinion of the CourtBland, P. J.
The suit was commenced in the Pulaski Circuit Court on January 30, 1901. At the following March term the cause was continued, on the application and at the cost of the defendant, to the September term, 1901, with leave to defendant to file answer within sixty days before the first day of the term, which was the first Monday, and the second day, of September. On the third day of September defendant filed, instead of an answer, a demurrer to plaintiff’s petition, which was by the court overruled. Defendant thereupon filed its answer and thereby waived its demurrer.
Omitting caption the petition…
2Cases cited8 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Grove v. City of KansasSupreme Court of Missouri · 1882
- Okey v. State InsuranceMissouri Court of Appeals · 1888
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
- Richardson v. North Missouri InsuranceSupreme Court of Missouri · 1874
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3Cited by5 opinions
- Cotton v. VOSS TRUCK LINES, INC.Missouri Court of Appeals · 1965
- Couch & Gilliland v. Home Protective Fire InsuranceCourt of Appeals of Texas · 1903
- Miles v. Iowa National Mutual Insurance Co.Missouri Court of Appeals · 1985
- American Insurance v. PaggettIndiana Court of Appeals · 1920
- Jarrett v. MohanMissouri Court of Appeals · 1910