Legal Opinion

Smith v. American Automobile Insurance

Missouri Court of Appeals

Decided April 5, 1915PublishedCited by 19 opinions

Error to Jackson Circuit Court.—lion. Harris Robinson, Judge. (1) The demurrer to the evidence should have been sustained. White v. Merchants Ins. Co., 93 Mo. App. 287; Harris v. Insurance Co., 126 N. Y. Supp. 118; Dolan v. Insurance Co., 88 Mo. App. 673; Kenefick-Hammond Co. v. Ins. Co., 119' Mo. App. 308; Columbia Ins. Co. v. Lawrence, 10 Pet. (U. S.) 516; Digby v. Ins. Co., 3 Mo. App. 603; Davenport v. Ins. Co., 6 Cush.

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Error to Jackson Circuit Court.—lion. Harris Robinson, Judge. (1) The demurrer to the evidence should have been sustained. White v. Merchants Ins. Co., 93 Mo. App. 287; Harris v. Insurance Co., 126 N. Y. Supp. 118; Dolan v. Insurance Co., 88 Mo. App. 673; Kenefick-Hammond Co. v. Ins. Co., 119' Mo. App. 308; Columbia Ins. Co. v. Lawrence, 10 Pet. (U. S.) 516; Digby v. Ins. Co., 3 Mo. App. 603; Davenport v. Ins. Co., 6 Cush. (Mass.) 340; Armour et al. v. Trans-Atlantic Fire Ins. Co., 90 N. Y. 450; Gould v. Ins. Co., 47 Me. 403; Seal v. Farmers & Merchants Ins. Co., 59 Neb. 253; Goddard v. Ins.…

1Opinion of the CourtTrimble, J.

Plaintiff brought suit on a policy of fire insurance covering her automobile. It was insured October 12, 1912, and about a month later, while plaintiff was riding therein, it took fire by self-ignition and was destroyed. The policy contained a warranty that the automobile was a model of 1910, (which means that it was manufactured that year). Plaintiff knew the policy contained this warranty, and the machine was stated to be a 1910 model in the statement of loss furnished the company and also in the petition. It is agreed, however, that the machine was in fact a model of the year 1907. And the…

2Cases cited21 opinions

  1. Allen v. German American InsuranceNew York Court of Appeals · 1890
  2. American Fire Insurance v. BrooksCourt of Appeals of Maryland · 1896
  3. Indiana Insurance v. HartwellIndiana Supreme Court · 1890
  4. Lycoming Fire Insurance v. RubinIllinois Supreme Court · 1875
  5. Stone v. Franklin Fire Insurance Co. of BostonNew York Court of Appeals · 1887

16 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Continental Casualty Co. v. MaxwellMissouri Court of Appeals · 1990
  2. Minich v. M. F. A. Mutual Insurance Co.Missouri Court of Appeals · 1959
  3. Solomon v. Federal InsuranceCalifornia Supreme Court · 1917
  4. Gooch v. Motors Insurance Co.Missouri Court of Appeals · 1958
  5. Farrar v. MayabbMissouri Court of Appeals · 1959

14 more not listed; retrieve them via the Exa API.

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