Southwest Lead & Zing Co. v. Phœnix Insurance
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. W. D. Hubbaed, Judge. (1) The court below erred in not withdrawing the case from the jury and directing a verdict for defendant at the close of plaintiff’s evidence.
Read the full summary
Appeal from the Greene Circuit Court. — Hon. W. D. Hubbaed, Judge. (1) The court below erred in not withdrawing the case from the jury and directing a verdict for defendant at the close of plaintiff’s evidence. Powell v. Railroad, 76 Mo. 83; Lenix v. Railroad, 76 Mo. 86-91; Bank v. Bank, 10 Wall. 939; Glass v. Gelvin, 80 Mo. 297; Commissioners v. Clark, 94 U. S. 284; Spiva v. C. and M. Co., 88 Mo. 68. (2) By the terms of the policy declared on, the amount insured was distributed in specific items upon several buildings and pieces of property, the effect of which was to limit the extent of the…
1Opinion of the CourtBiggs, J.
This is an action on a policy of insurance to recover for the destruction of a building, which the plaintiff claimed was covered by a policy issued by the defendant. The defense was that the building burned was not covered by the policy, and that consequently the defendant was not liable. There was a jury trial, and the verdict and judgment were in favor of the plaintiff for the full amount. From this judgment the defendant has appealed
*408The errors complained of relate to the instructions and the admission of incompetent and irrelevant testimony.
The plaintiff is, and was at the times…
2Cases cited9 opinions
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
- Gaines v. FenderSupreme Court of Missouri · 1884
- Tesson v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1867
- Woods v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1872
- Bevis v. Baltimore & Ohio RailroadMissouri Court of Appeals · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fink v. Lancashire InsuranceMissouri Court of Appeals · 1896