Rudd v. American Guarantee Fund Mutual Fire Insurance
Missouri Court of Appeals
Appeal from Dent Circuit Court. — Ron. L. B. Woodside, Judge. (1) The alleged conversation between plaintiff and Stephens, the soliciting agent of defendant, in reference to the keeping of the books in an iron safe or other secure place cannot be construed a waiver of the conditions of the application and policy. All agreements of this character were merged in the written application and policy.
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Appeal from Dent Circuit Court. — Ron. L. B. Woodside, Judge. (1) The alleged conversation between plaintiff and Stephens, the soliciting agent of defendant, in reference to the keeping of the books in an iron safe or other secure place cannot be construed a waiver of the conditions of the application and policy. All agreements of this character were merged in the written application and policy. And evidence thereof should have been excluded and the instructions thereon were erroneous. Bernard v. Life Association, 32 N. Y. Supp. 223; Gillum y. Fire Assn., 106 Mo. App. 673, 80 S. W. 283; Ins.…
1Opinion of the Court
GOODE, J.-
This is an action on a fire insurance policy issued by the defendant company October 16, 1.903, to run for one year and covering a stock of drugs and merchandise contained in a store in the town of Anutt, in Dent county, Missouri. The stock was entirely destroyed by fire July 25, 1904, the store building having been ignited by some unknown cause. It was agreed at the trial that the loss to plaintiff on the property covered by the policy was greater than $500, the maximum indemnity to be paid in case of loss by fire. The action was instituted to recover that sum. A few days after the…
2Cases cited24 opinions
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Benson v. MorrowSupreme Court of Missouri · 1875
- Weed v. London & Lancashire Fire InsuranceNew York Court of Appeals · 1889
- Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899
- Smith v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
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3Cited by14 opinions
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- Modlin v. Atlantic Fire InsuranceSupreme Court of North Carolina · 1909
- Tinsley v. Ætna InsuranceMissouri Court of Appeals · 1918
- Beauchamp v. Retail Merchants Ass'nNorth Dakota Supreme Court · 1917
- Sharp v. Niagara Fire InsuranceMissouri Court of Appeals · 1912
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