Cullen v. Insurance Co. of North America
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) It has been repeatedly held in this State that any negotiations leading up to the execution of a written contract, or anything which passes in the way of communication or talk between the parties thereto before the execution of such contract, is presumed to have entered into the written contract, and evidence of such negotiations or conversations preceding the execution of the contract is not admissible.
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Appeal from Audrain Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) It has been repeatedly held in this State that any negotiations leading up to the execution of a written contract, or anything which passes in the way of communication or talk between the parties thereto before the execution of such contract, is presumed to have entered into the written contract, and evidence of such negotiations or conversations preceding the execution of the contract is not admissible. In considering an instruction which stated that at the time of and prior to issuing the policy of insurance in suit,…
1Opinion of the CourtNortoni, J.
The suit is on a policy of insurance against loss or damage by fire. S. J. Rosenthal is the insured in the policy sned upon. After loss and prior to the institution of this suit, he assigned the policy to the plaintiff for value, and the suit is prosecuted by Mr. Cullen as the party in interest under this assignment. The view which the court entertains of the case will render it unnecessary to notice all of the many question presented in the briefs. Two of those questions only Avill be discussed. The record is extended and so much of the material facts as are relevant to those two questions…
2Cases cited13 opinions
- Vangindertaelen v. Phenix InsuranceWisconsin Supreme Court · 1892
- Phœnix Insurance Co. v. BadgerWisconsin Supreme Court · 1881
- Smith v. ShellSupreme Court of Missouri · 1884
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Smith v. State Ins.Supreme Court of Iowa · 1884
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3Cited by9 opinions
- Schultz v. Queen Insurance CompanyMissouri Court of Appeals · 1965
- Lehmann v. Hartford Fire InsuranceMissouri Court of Appeals · 1914
- United Zinc Companies v. General Accident Assurance Corp.Missouri Court of Appeals · 1910
- Gragg & Gragg v. Northwestern National InsuranceMissouri Court of Appeals · 1908
- Keeton v. National UnionMissouri Court of Appeals · 1914
4 more not listed; retrieve them via the Exa API.