Burton v. American Guarantee Fund Mutual Fire Insurance
Missouri Court of Appeals
Appeal from Laclede Circuit Court. — Eon. L. B. Wood-side, Judge. STATEMENT OE THE CASE. The suit is on a policy of insurance issued by tbe defendant to plaintiff, insuring plaintiff’s storehouse and general stock of merchandise against loss or damage by fire. The petition is in the ordinary form. The policy, however, was not filed with the petition.
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Appeal from Laclede Circuit Court. — Eon. L. B. Wood-side, Judge. STATEMENT OE THE CASE. The suit is on a policy of insurance issued by tbe defendant to plaintiff, insuring plaintiff’s storehouse and general stock of merchandise against loss or damage by fire. The petition is in the ordinary form. The policy, however, was not filed with the petition. The amended answer, filed August 14, 1900, put in issue the loss, admitted the issuance of the policy and alleged the following special defense: “Defendant further answering, states to the Court that said insurance policy further insured the…
1Opinion of the CourtBland, P. J.
The court, from an .inspection of form No. 4, attached to the policy ánd made a part thereof, ‘found that it had been mutilated and a part of it was gone. - On this finding the court fell into error in ruling’ that'the presumption is, that the severance or mutilation was made at or before the delivery of the policy. The application for the policy agreed to the iron-safe clause. ‘This was not found in the policy in its mutilated form, nor could the goods insured be located by anything contained in the policy. The very fact that a part of the form had been clipped or cut off by a sharp…
2Cases cited5 opinions
- State v. ChamberlainSupreme Court of Missouri · 1886
- Stillwell v. PattonSupreme Court of Missouri · 1891
- Drosten v. MuellerSupreme Court of Missouri · 1890
- Hays v. BaylissSupreme Court of Missouri · 1884
- St. Louis Dairy Co. v. SauerMissouri Court of Appeals · 1884
3Cited by2 opinions
- Kircher v. DunningtonSupreme Court of Missouri · 1930
- Burton v. American Guarantee Fund Mutual Fire InsuranceMissouri Court of Appeals · 1902