Royal Mining Company v. Fidelity Casualty Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court, — Hon. Hugh Dabbs, Judge. (1) The elements of an estoppel in pais are wanting in the case at bar.. The first essential is a full knowledge of all the facts and of the party’s rights. Herman on Estoppel, 452; Taylor v. Zepp, 14 Mo. 489; Terrill v. Boulware, 24 Mo. 257; Burke v. Adams, 80 Mo. 514; Acton v. Dooley, 74 Mo. 69; G-aresche v. Ins. Co., 146 Mo. 451; Burrill v. Ins. Co., 211 Mo. 158; Tennent v. Ins. Co., 133 Mo.
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Appeal from Jasper Circuit Court, — Hon. Hugh Dabbs, Judge. (1) The elements of an estoppel in pais are wanting in the case at bar.. The first essential is a full knowledge of all the facts and of the party’s rights. Herman on Estoppel, 452; Taylor v. Zepp, 14 Mo. 489; Terrill v. Boulware, 24 Mo. 257; Burke v. Adams, 80 Mo. 514; Acton v. Dooley, 74 Mo. 69; G-aresche v. Ins. Co., 146 Mo. 451; Burrill v. Ins. Co., 211 Mo. 158; Tennent v. Ins. Co., 133 Mo. App. 361. (2) The party against whom estoppel is invoked must have knowledge of all the material facts and not merely of a portion of them.…
1Opinion of the CourtNixon, P. J.
This suit was commenced in the circuit court of Jasper county by respondent against appellant upon an indemnity policy of insurance executed by the appellant to the respondent.
The plaintiff was operating a mine in Jasper county and procured of the defendant an employers’ indemnity policy. By this policy, the defendant agreed to indemnify plaintiff against any loss from common-law liability for damages on account of bodily injuries or death accidentally suffered by any employee or employees of the plaintiff while on duty, to the extent of $1,500 in any one case. Among other things, it became…
Also in this document: Concurrence.
2Cases cited37 opinions
- Dunlop v. United StatesSupreme Court of the United States · 1897
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Boston & Albany Railroad v. O'ReillySupreme Court of the United States · 1895
- State v. TaylorSupreme Court of Missouri · 1893
- Bensieck v. CookSupreme Court of Missouri · 1892
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