Chaney v. Phœnix Insurance
Missouri Court of Appeals
Appeal from the Scotland Circuit Court. — Hon. Benjamin E. Turner, Judge. (T) Where the assured undertakes to establish an oral contract of insurance when the usual way of transacting the business was by the issuance of a policy and where a written policy was applied for, if upon the whole evidence it is left in doubt whether a binding contract was really made, a recovery will not be permitted. 1 Wood on Eire Ins. [2 Ed.] secs. 6, 13, 17, and authorities there cited; McCann…
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Appeal from the Scotland Circuit Court. — Hon. Benjamin E. Turner, Judge. (T) Where the assured undertakes to establish an oral contract of insurance when the usual way of transacting the business was by the issuance of a policy and where a written policy was applied for, if upon the whole evidence it is left in doubt whether a binding contract was really made, a recovery will not be permitted. 1 Wood on Eire Ins. [2 Ed.] secs. 6, 13, 17, and authorities there cited; McCann v. Ins. Go., 3 Neb. 198; Neville v. Ins. Co., 19 Ohio, 452; Suydam v. Ins. Co., 18 Ohio, 459; Ins. Co. v. Wilcox, 57…
1Opinion of the CourtEombauer, P. J.
The plaintiffs sue on an oral contract for insurance to cover a loss by fire. The petition states, in substance, that the defendant, in consideration of a premium paid to it, agreed with the plaintiffs to execute and deliver to them a policy in the usual form issued by the defendant, insuring the plaintiffs on a certain house to the extent of $300 against loss by fire for a period of one year from and after March 30,1894. The petition also states, in substance, that the property insured was totally destroyed by fire during the year *47aforesaid and while plaintiffs were the owners thereof, and…
2Cases cited13 opinions
- Smith v. BurrusSupreme Court of Missouri · 1891
- Edwards v. George Knapp & Co.Supreme Court of Missouri · 1888
- Lingenfelter v. Phœnix InsuranceMissouri Court of Appeals · 1885
- Mastin v. HalleySupreme Court of Missouri · 1875
- Wilbur v. JohnsonSupreme Court of Missouri · 1875
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3Cited by3 opinions
- State ex rel. C. S. Essex v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1897
- Clark v. Brotherhood of Locomotive FiremenMissouri Court of Appeals · 1903
- Sisk v. American Central Fire InsuranceMissouri Court of Appeals · 1902