Colley v. National Live Stock Insurance
Missouri Court of Appeals
Appeal from Lawrence County Circuit Court. — Now. Carr McNatt, Judge. (1) The cost of the animal is material, and if incorrectly warranted in the application will avoid the policy. Johnson v. Ins. Co., 120 Mo. App. 80; Ins. Co. v: Smith, 157 S. W. 755; Jacobs v. Ins. Co., 146 Mo. 523; Jenkins v. Ins. Co., 171 Mo. 375; Whitmore v. Supreme Lodge K. & L., 100 Mo. 36; Yan Cleve v. Union Casualty Co., 82 Mo. App. 668; Life Ins.
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Appeal from Lawrence County Circuit Court. — Now. Carr McNatt, Judge. (1) The cost of the animal is material, and if incorrectly warranted in the application will avoid the policy. Johnson v. Ins. Co., 120 Mo. App. 80; Ins. Co. v: Smith, 157 S. W. 755; Jacobs v. Ins. Co., 146 Mo. 523; Jenkins v. Ins. Co., 171 Mo. 375; Whitmore v. Supreme Lodge K. & L., 100 Mo. 36; Yan Cleve v. Union Casualty Co., 82 Mo. App. 668; Life Ins. Co. v. Glaser, 245 Mo. ,377. (2) Evidence of estoppel cannot he introduced under a pleading which denies the matter set up in the answer. Estoppel when relied upon must he…
1Opinion of the Court
FARRINGTON, J.-
Plaintiff recovered judgment for the sum of $507.50 on a policy of insurance and an attorney’s fee of $50 on account of defendant’s vexatious refusal to pay.
The petition alleg'ed that plaintiff was the owner of a jack, named Gregory, and that on January 29, 1913, the defendant by its policy insured said jack for a term of one year against “death by accident, disease, fire, lightning, cyclone, theft, or by reason of a broken leg when found necessary by attending veterinary to destroy the animal’s life.” It is also alleged that the jack died on January 23, 1914, and that before…
2Cases cited11 opinions
- Kelly v. ThueySupreme Court of Missouri · 1898
- Price v. HallettSupreme Court of Missouri · 1897
- McDonnell v. De Soto Savings & Building Ass'nSupreme Court of Missouri · 1903
- Coscarella v. Metropolitan Life InsuranceMissouri Court of Appeals · 1913
- Paris Manufacturing & Importing Co. v. CarleMissouri Court of Appeals · 1906
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3Cited by3 opinions
- Lafont v. Home InsuranceMissouri Court of Appeals · 1916
- Jones v. Atlanta Life Insurance Co.Missouri Court of Appeals · 1956
- St. Louis Perfection Tire Co. v. McKinneyMissouri Court of Appeals · 1922