Franklin v. National Insurance
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. In an action to recover a loss upon a policy of insurance against fire, it must be affirmatively alleged in the petition that the insured had an insurable interest in the property at the time of insuring, and also at the time of the fire; otherwise no cause of action is shown, and the petition is demurrable. (Williams v. Ins. Co. of North America, 9 How.
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Appeal from St. Louis Circuit Court. I. In an action to recover a loss upon a policy of insurance against fire, it must be affirmatively alleged in the petition that the insured had an insurable interest in the property at the time of insuring, and also at the time of the fire; otherwise no cause of action is shown, and the petition is demurrable. (Williams v. Ins. Co. of North America, 9 How. Pr. 365 ; The Saddlers’ Co. v. Babcock, 2 Atk. 554; Freeman v. The Fulton Fire Ins. Co., 38 Barb. 247 ; Russ v. The Mutual Benefit Ins. Co., 23 N. Y. 516.) The petition alleges that John Franklin was…
1Opinion of the Court
Wagner, Judge,
delivered tbe opinion of tbe court.
This action was brought to recover on a policy of insurance issued by tbe appellant to one John Franklin, insuring him against loss or damage by fire on certain property. Tbe loss, if any, by tbe terms of tbe policy was made payable to P. H. French. Tbe policy was issued January 12,1867, and was to continue in force three months. On tbe 21st of January, 1867, tbe property insured was destroyed by fire, and tbe contract at that time remained unchanged by assignment or otherwise. In tbe subsequent month of February tbe policy was assigned by…
2Cases cited3 opinions
- National Fire Insurance v. CraneCourt of Appeals of Maryland · 1860
- Calvert v. BradleySupreme Court of the United States · 1854
- Bidwell v. St. Louis Floating Dock & InsuranceSupreme Court of Missouri · 1867
3Cited by12 opinions
- Sheppard v. Peabody Ins.West Virginia Supreme Court · 1883
- Capital City Insurance v. JonesSupreme Court of Alabama · 1900
- Nease v. Insurance Co.West Virginia Supreme Court · 1889
- LeBarron v. City of HarvardNebraska Supreme Court · 1935
- Tabor v. Goss & Phillips Mfg. Co.Supreme Court of Colorado · 1888
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