McHoney v. German Insurance
Missouri Court of Appeals
Appeal from the Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) Plaintiff contracted with Laird, whose authority as agent he knew to be limited, for an insurance policy, It was his duty within a reasonable time after the receipt of the policy to examine it, and if erroneous to have it corrected. His failure to complain of the provisions of the contract is an acceptance of them. Ins. Co. v. Neiberger, 74Mo. 168; Clemv.lns. Co., 29 Mo.
Read the full summary
Appeal from the Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) Plaintiff contracted with Laird, whose authority as agent he knew to be limited, for an insurance policy, It was his duty within a reasonable time after the receipt of the policy to examine it, and if erroneous to have it corrected. His failure to complain of the provisions of the contract is an acceptance of them. Ins. Co. v. Neiberger, 74Mo. 168; Clemv.lns. Co., 29 Mo. App. 666. (2) A court of equity will not alter or reform a written contract unless the evidence of fraud or mistake is clear und unmistakable. If the…
1Opinion of the CourtThompson, J.
This case was before this court on a former appeal. 44 Mo. App. 427. It was again tried before the judge sitting as a chancellor, and the court, after hearing the evidence and taking the case under advisement until the next term, rendered a judgment disposing of the whole case in favor of the plaintiff, by adjudging that he recover the amount secured by the policy with interest. In other words, the court proceeded upon the evidence adduced in support of the first count, which was in the nature of a bill in equity to reform the policy, to adjudge that the policy be reformed, and then,…
2Cases cited1 opinion
- American Insurance v. NeibergerSupreme Court of Missouri · 1881
3Cited by8 opinions
- Thackery Mining & Smelting Co. v. American Fire InsuranceMissouri Court of Appeals · 1895
- Raker v. Service Life InsuranceMissouri Court of Appeals · 1932
- Fidelity & Casualty Co. v. Dierks Lumber & Coal Co.Missouri Court of Appeals · 1908
- Puryear v. Home Insurance Co. of New YorkSupreme Court of Virginia · 1929
- Farmers Mutual Hail Insurance Co. v. KierMissouri Court of Appeals · 1956
3 more not listed; retrieve them via the Exa API.