Hilburn v. Phoenix Insurance
Missouri Court of Appeals
Appeal from Barton Circuit Court. — Eon. J. B. McGil-vray, Special Judge. (1) The law favors compromises and settlements, and when parties in good faith make such offers, but fail to effect a settlement, they should not be paraded before the jury, who are too apt to draw the inference, from just such answers as in this case, that the defendant thereby acknowledged its liability. Columbia Mill Co. v. Insurance. Co., 59 Mo. App. 207; Gorham v. A,uers-wald, 59 Mo.
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Appeal from Barton Circuit Court. — Eon. J. B. McGil-vray, Special Judge. (1) The law favors compromises and settlements, and when parties in good faith make such offers, but fail to effect a settlement, they should not be paraded before the jury, who are too apt to draw the inference, from just such answers as in this case, that the defendant thereby acknowledged its liability. Columbia Mill Co. v. Insurance. Co., 59 Mo. App. 207; Gorham v. A,uers-wald, 59 Mo. App. 77; Fink y. Insurance Co., 60 Mo. App. 677; Railway y. McGrew, 104 M'o. 298; Railway v. Eby, 152 Mo. 606; Cullen y. Insurance…
1Opinion of the Court
NIXON, P. J.-
Susan Hilburn, the respondent, on the 14th day of June, 1906, was living at Minden Mines, Barton county, Missouri. One H. C. Chancellor was the local agent of The Phoenix Insurance Company at that place. The appellant through its said agent issued the respondent a policy of insurance against fire for a period of three years from that date, whereby, in consideration of the payment by respondent of a premium and policy fee, respondent was insured against fire in an amount not to exceed five hundred dollars upon household and other goods while contained in a building specified in…
2Cases cited12 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
- Gibson v. Missouri Town Mutual Ins.Missouri Court of Appeals · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Duckworth v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1970
- Starnes v. St. Joseph Railway, Light, Heat & Power Co.Supreme Court of Missouri · 1932
- Fager v. Commercial Union Assurance Co.Missouri Court of Appeals · 1915
- Farber v. Boston InsuranceMissouri Court of Appeals · 1923
- Spickard v. Fire Ass'nMissouri Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.