Legal Opinion

Gale v. State Insurance

Missouri Court of Appeals

Decided February 4, 1889PublishedCited by 15 opinions

Appeal from, the Livingston Circuit Court. — Hon. J. M. Davis, Judge. (1) The petition does not state a cause of action. It is alleged in the petition that by the policy so much was insured on the dwelling-house and so much on the different classes of chattels mentioned in the policy. There is no allegation that the different classes of goods were worth so much. There is no allegation of what the goods were worth in classes.

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Appeal from, the Livingston Circuit Court. — Hon. J. M. Davis, Judge. (1) The petition does not state a cause of action. It is alleged in the petition that by the policy so much was insured on the dwelling-house and so much on the different classes of chattels mentioned in the policy. There is no allegation that the different classes of goods were worth so much. There is no allegation of what the goods were worth in classes. The goods might have been worth the amount of the policy in bulk, but the value might have all been in one class and greatly exceed the amount on that class. When the…

1Opinion of the CourtGill, J.

This is an action on an insurance policy whereby the appellant agreed to indemnify the respondent for loss by fire on his dwelling and contents at Chillicothe, Missouri, to the extent of twenty-three hundred dollars. The loss occurred March 6, 1886. This suit was brought in the Livingston circuit court where respondent had judgment for $1,392.53 and this appeal is prosecuted by the insurance company.

I. The first point urged by appellant’s counsel for reversal of this case will not be considered, as it is not contained in the assignment of errors.

The point suggested being that the circuit…

2Cases cited4 opinions

  1. Carroll v. Girard Fire Insurance of the City of PhiladelphiaCalifornia Supreme Court · 1887
  2. Loomis v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885
  3. Rippe v. StogdillWisconsin Supreme Court · 1884
  4. Colonius v. Hibernia Fire InsuranceMissouri Court of Appeals · 1876

3Cited by15 opinions

  1. Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
  2. Bolan v. Fire Ass'nMissouri Court of Appeals · 1894
  3. Burgess v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
  4. Grigsby v. German InsuranceMissouri Court of Appeals · 1890
  5. Porter v. German-American InsuranceMissouri Court of Appeals · 1895

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