Rothschild v. American Central Insurance
Supreme Court of Missouri
•Appeal from, St. Louis Circuit Court. I. The addition made by the court to the instruction in regard to the difference between the rule of evidence in civil and criminal cases, viz: “regard being had, however, to the serious nature of the charge in determining the preponderance or weight of evidence,” was erroneous. (Marshall vs. Thames Fire Ins. Co., 43 Mo. 586.) Besides the addition was a comment on the evidence. It negatived the rest of the instruction. II.
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•Appeal from, St. Louis Circuit Court. I. The addition made by the court to the instruction in regard to the difference between the rule of evidence in civil and criminal cases, viz: “regard being had, however, to the serious nature of the charge in determining the preponderance or weight of evidence,” was erroneous. (Marshall vs. Thames Fire Ins. Co., 43 Mo. 586.) Besides the addition was a comment on the evidence. It negatived the rest of the instruction. II. The policy was avoided by subsequent insurance with no notification to defendant. The part of the policy containing these words does…
1Opinion of the CourtHough, Judge
This was an action on,a policy of insurance issued on the 30th day of October, 1872, by which the defendant insured the plaintiff for one year from the first day of November, 1872, against loss or damage by fire to the amount of $2,500 on a certain stock of merchandise.
The defenses made were, that the fire was occasioned by the act, design, and procurement of the plaintiff; that the plaintiff was guilty of fraud in the statements and representations made to the company, on wliieh he obtained said poliey, and was further guilty of fraud and false swearing in the proofs *358of loss made by him ;…
2Cases cited6 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Marshall v. Thames Fire InsuranceSupreme Court of Missouri · 1869
- Hutchinson v. Western InsuranceSupreme Court of Missouri · 1855
- Polston v. SeeSupreme Court of Missouri · 1873
- Healey v. Imperial Fire InsuranceNevada Supreme Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- United States v. ShapleighCourt of Appeals for the Eighth Circuit · 1893
- State ex rel. Detroit Fire & Marine Insurance v. EllisonSupreme Court of Missouri · 1916
- Continental Insurance v. JachnichenIndiana Supreme Court · 1887
- First Nat. Bank v. Fire Ass'nOregon Supreme Court · 1898
- Welch v. JugenheimerSupreme Court of Iowa · 1881
21 more not listed; retrieve them via the Exa API.