Johnson v. Lumber Insurance
Missouri Court of Appeals
Appeal from Montgomery Circuit Court.— Hon. Jas. D. Barnett, Judge. (1) The court erred in not directing a verdict for the appellant in as much as plaintiff’s assignor had failed to comply with the requirements of lines 81, 82, 83, 84 and 85 of the policy. Mueller v. Insurance Co., 45 Mo. App. 85; Fleisch v. Insurance Co., 58 Mo.
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Appeal from Montgomery Circuit Court.— Hon. Jas. D. Barnett, Judge. (1) The court erred in not directing a verdict for the appellant in as much as plaintiff’s assignor had failed to comply with the requirements of lines 81, 82, 83, 84 and 85 of the policy. Mueller v. Insurance Co., 45 Mo. App. 85; Fleisch v. Insurance Co., 58 Mo. App. 596; Gross v. Insurance Co., 22 Fed. 74; Claflin v. Insurance Co., 110 U. S. 81; Sims v. Assurance Society, 129 Fed. 804; Insurance Co. v. Sims, 115 Ga. 939, 42 S. E. 269; Insurance Co. v. Forehand, 169 111. 626, 48 N. E. 830; Murphy v. Insurance Co., 61 Mo.…
1Opinion of the CourtGoode, J.
(after stating the facts). — The policy specified no particular place where, or person to whom the proof of loss should he delivered, but merely said proof should be rendered to the company in sixty days after the fire. Hence when the proof of loss was executed by Powell and left with Campbell on May 2d, it was received by the company in the meaning of the policy. [McCullough v. Insurance Co., 113 Mo. 606, 614.] The right of the insured to be paid the stipulated indemnity did not accrue until sixty days after the notice, ascertainment, estimate and satisfactory proof of the loss thereunder…
2Cases cited7 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Murphy v. Northern British & Mercantile Co.Missouri Court of Appeals · 1895
- Fleisch v. Insurance Co. of North AmericaMissouri Court of Appeals · 1894
- American Central Insurance v. SimpsonAppellate Court of Illinois · 1892
- Dougherty v. German-American InsuranceMissouri Court of Appeals · 1896
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3Cited by1 opinion
- Niehaus v. Central Manufacturers' Mutual Insurance Co.Supreme Court of Missouri · 1956