Hubbard v. North British & Mercantile Insurance
Missouri Court of Appeals
Appeal from the Mississippi Circuit Court. — Hon. H. O. Rilev, Judge. (1) The plaintiff: can not. avoid the effect of her warranty under her own contract by showing the presence of a soliciting agent; nor does the fact that he wrote the application relieve her. Lama v. Ins. Co., 51 Mo. App. 447; Mensing v. Ins, Co., 36 Mo. App. 602. (2) By her own testimony, she had not paid for the house and lot at the time of making application for the insurance, and had no deed.
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Appeal from the Mississippi Circuit Court. — Hon. H. O. Rilev, Judge. (1) The plaintiff: can not. avoid the effect of her warranty under her own contract by showing the presence of a soliciting agent; nor does the fact that he wrote the application relieve her. Lama v. Ins. Co., 51 Mo. App. 447; Mensing v. Ins, Co., 36 Mo. App. 602. (2) By her own testimony, she had not paid for the house and lot at the time of making application for the insurance, and had no deed. She then stated she had a fee simple title, but at the trial she says ‘almost” paid-for. This being true, under the conditions of…
1Opinion of the CourtBiggs, J.
— On the fourth of May, 1891, the defendant agreed with the plaintiff, Mattie C. Hubbard, to insure her frame dwelling house against loss by fire. The policy was for one year. The house was totally burned on the seventeenth day of September, 1891. The defendant having failed and refused to pay, the present action was instituted to recover the amount of the insurance, to wit, $400.
The action was defended on the ground that the assured in her application represented that the house was of the value of $600, when in fact its value did not exceed $300; that she represented that she had a fee…
2Cases cited17 opinions
- Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Farber v. American Automobile InsuranceMissouri Court of Appeals · 1915
- Harness v. National Fire InsuranceMissouri Court of Appeals · 1895
- Walton v. Phoenix InsuranceMissouri Court of Appeals · 1911
- Bradley v. German-American InsuranceCourt of Appeals of Kansas · 1901
- Montgomery v. Lebanon Town Mutual Fire InsuranceMissouri Court of Appeals · 1899
8 more not listed; retrieve them via the Exa API.