Thompson v. Traders' Insurance
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — lion. Edw. P. Gates, Judge. (1) Evidence of statements made to or by defendant’s agent concerning other insurance before the policy was issued was clearly inadmissible, and evidence of statements after the policy was issued of an intention to procure other insurance, when able, was also clearly inadmissible. A written contract can not be so varied.
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Appeal from Jackson Circuit Court. — lion. Edw. P. Gates, Judge. (1) Evidence of statements made to or by defendant’s agent concerning other insurance before the policy was issued was clearly inadmissible, and evidence of statements after the policy was issued of an intention to procure other insurance, when able, was also clearly inadmissible. A written contract can not be so varied. Drake v. Dodsworth, 4 Kan. 159; Connell v. Railroad, 25 Kan. 613; Brenner v. Luth, 28 Kan. 581; Hopkins v. Railroad, 29 Kan. 544; Windmill Co. v. Pierey, 41 Kan. 763; AYillard v. Ostrander, 46 Kan. 591; Lock Co.…
1Opinion of the CourtMarshall, J.
— Action on a fire insurance policy'for ■one thousand dollars.
The petition alleges that the defendant is an Illinois insurance company, doing business in Missouri and Kansas, and that on September 3, 1897, the defendant insured his furniture and household goods located in Kansas City, Wyandotte ■county, Kansas, against loss by fire, for three years. The policy was for $1,000. It is further alleged that the property was destroyed by fire on May 13, 1899, as was also' the policy ■at the same time; that the property was worth $4,419.75; that plaintiff has asked defendant to furnish him a copy of…
2Cases cited13 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Atchison, Topeka & Santa Fé Railroad v. MatthewsSupreme Court of the United States · 1899
- Tullis v. Lake Erie & Western RailroadSupreme Court of the United States · 1899
- St. Louis, Iron Mountain & St. Paul Railway Co. v. PaulSupreme Court of the United States · 1899
8 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
- Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
- Hartford Fire Insurance v. ReddingSupreme Court of Florida · 1904
- Keller v. Home Life InsuranceSupreme Court of Missouri · 1906
- Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
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