Brookshier v. Chillicothe Town Mutual Fire Insurance
Missouri Court of Appeals
Appeal from Livingston Circuit Oourt. — FI on. IE. J. Broaddus, Judge. (1) To entitle plaintiff to a money judgment, it is necessary to allege that plaintiff demanded of defendant company to lay an assessment and that defendant company refused, or-that assessment had been levied and defendant refused to pay over the same or that the money was on hand and defendant refused to pay. Por want of such allegation plaintiff did not state a cause of action. Taylor v. Nat. Temp.
Read the full summary
Appeal from Livingston Circuit Oourt. — FI on. IE. J. Broaddus, Judge. (1) To entitle plaintiff to a money judgment, it is necessary to allege that plaintiff demanded of defendant company to lay an assessment and that defendant company refused, or-that assessment had been levied and defendant refused to pay over the same or that the money was on hand and defendant refused to pay. Por want of such allegation plaintiff did not state a cause of action. Taylor v. Nat. Temp. Relief Union, 94 Mo. 35; Bailey v. Mutual Benefit Ass’n, 71 la. 490; Burdon v. Mass. Safety Fund Ass’n, 1 L. R. A. 146;…
1Opinion of the Court
SMITH, P. J.-
— The defendant, a mutual fire insurance company organized under the statutes of this State (Session Acts 1895, page 200), in consideration of a premium of forty-six dollars, issued to Collins & Tharp, a mercantile partnership, a policy of fire insurance against all loss or damage, not exceeding two thousand five hundred dollars, on their stock of merchandise; During the life of the said policy, the stock of merchandise so covered by it was entirely destroyed by fire. After the fire occurred, Collins & Tharp assigned the said policy to the plaintiff, as trustee for certain…
2Cases cited6 opinions
- Hargadine v. HendersonSupreme Court of Missouri · 1888
- Western Manufacturing Co. v. WoodsonSupreme Court of Missouri · 1895
- Jaffrey v. MathewsSupreme Court of Missouri · 1894
- Taylor v. National Temperance Relief UnionSupreme Court of Missouri · 1887
- Haase v. Nelson Distilling Co.Missouri Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Missouri-American Electric Co. v. Hamilton Brown Shoe Co.Court of Appeals for the Eighth Circuit · 1908
- S. E. Hanna & Co. v. Orient InsuranceMissouri Court of Appeals · 1904
- Miller v. American Bonding Co. of BaltimoreSupreme Court of Missouri · 1958
- In re Assignment of HowardMissouri Court of Appeals · 1908