Franklin v. Atlantic Fire Insurance
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The court below erred in refusing to allow the plaintiff to introduce the evidence offered. This evidence was competent to show that, prior to the contract being entered into, the defendant had waived a compliance with 'the third condition of the policy,* so that this condition never became a part of the contract. Such a waiver may be by parol or acts in pais. (Carroll v. Charter Oak Ins.
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Appeal from St. Louis Circuit Court. I. The court below erred in refusing to allow the plaintiff to introduce the evidence offered. This evidence was competent to show that, prior to the contract being entered into, the defendant had waived a compliance with 'the third condition of the policy,* so that this condition never became a part of the contract. Such a waiver may be by parol or acts in pais. (Carroll v. Charter Oak Ins. Co., 38 Barb. 402, and authorities there cited; same case, 40 Barb. 292; Goit v. National Protection Co., 25 Barb. 189 ; Ripley v. dEtna Ins. Co., 29 Barb, 552 ;…
1Opinion of the CourtHolmes, Judge
The plaintiff sues upon a policy of insurance issued by the Atlantic Eire Insurance Company of Brooklyn, New York, through its agent at St. Louis. The insurance was upon household furniture, against loss by fire.
*459It does not appear that any written application for insurance wras required.
The policy contained a condition that, “ if any person effecting insurance in this company shall make any misrepresentation or concealment touching the risk to be assured,” the policy should be void; and also another, that “if the interest of the assured in the property be any other than the entire,…
2Cases cited2 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Horwitz v. Equitable Mutual InsuranceSupreme Court of Missouri · 1867
3Cited by37 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- American Central Ins. v. McLanathanSupreme Court of Kansas · 1873
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
- Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
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