Ordway v. Continental Insurance
Missouri Court of Appeals
Appeal from, the Grundy Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) There having been testimony offered tending to prove all issues made by plaintiff and entitling him to recover, the court erred in giving the demurrer. Gibson a. Zimmerman, 27 Mo. App. 90; Jackson a. Ins. Co., 27 Mo. App. 62; Baum a. Fryrear, 85 Mo. 151; Groll a. Tower, 85 Mo. 249 ; Hoeninger a.
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Appeal from, the Grundy Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) There having been testimony offered tending to prove all issues made by plaintiff and entitling him to recover, the court erred in giving the demurrer. Gibson a. Zimmerman, 27 Mo. App. 90; Jackson a. Ins. Co., 27 Mo. App. 62; Baum a. Fryrear, 85 Mo. 151; Groll a. Tower, 85 Mo. 249 ; Hoeninger a. Yog el, 88 Mo. 589. (2) The agent of defendant who effected the insurance was apprised and had knowledge of the existence of the mortgage and other insurance on the property at the time the policy was issued by him, and the…
1Opinion of the CourtGill, J.
This is an action upon an insurance policy, made July 16, 1885, and expiring by its terms July 16, 1888, by which the defendant agreed to indemnify the plaintiff to the extent of one thousand dollars against loss by fire on plaintiff’s dwelling and furniture situated in Trenton, Missouri. The property was destroyed by fire, November 6, 1885, and this suit was begun, February 4, 1886. At the trial in the circuit court, and at- the close of plaintiff’s evidence, the court gave an instruction in the nature of a demurrer to the evidence, declaring that on the pleading and evidence adduced the…
2Cases cited7 opinions
- Finney v. BerrySupreme Court of Missouri · 1875
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
- Pelkington v. National InsuranceSupreme Court of Missouri · 1874
- Hamilton v. Home InsuranceSupreme Court of Missouri · 1887
- Connersville Wagon Co. v. McFarlan Carriage Co.Indiana Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Stark v. Equitable Life Assurance Society of United StatesSupreme Court of Minnesota · 1939
- Allgood v. Tarkio Electric & Water Co.Missouri Court of Appeals · 1928
- New Hampshire Fire Ins. v. BolerWyoming Supreme Court · 1940
- Laxton v. Retail Hardware Mutual Fire InsuranceMissouri Court of Appeals · 1932
- Hattan v. Nevada Mining Co.Missouri Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.