Manning v. North British & Mercantile Insurance
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Henry L. McGune, Judge. (1) After the executory contract for the conveyance of real estate has been entered into by the execution of a bond for title and notes for the purchase money, the property is at the risk of the purchaser. If it burns up it is his loss, if it increases in value it is his gain. Snyder v. Murdock, 51 Mo. 175; Loventhal v. Ins.
Read the full summary
Appeal from Jackson Circuit Court. — Eon. Henry L. McGune, Judge. (1) After the executory contract for the conveyance of real estate has been entered into by the execution of a bond for title and notes for the purchase money, the property is at the risk of the purchaser. If it burns up it is his loss, if it increases in value it is his gain. Snyder v. Murdock, 51 Mo. 175; Loventhal v. Ins. Co., 33 L. R. A.; Atkinson v. Henry, 80 Mo. 151; Hall v. Stephens, 65 Mo. 670; Hutchinson v. Insurance Co., 21 Mo. 97; Dolan v. Insurance Co., 88 Mo. App. 666; Barnard v. Insurance Co., 27 Mo. 35; Haughton…
1Opinion of the CourtEllison, J.
This is an action on a policy of fire insurance insuring H. L. M'cElroy against loss on his frame dwelling, situated on a lot in Kansas City, for the period of five years. McElroy sold the property to Manning and his wife and transferred the policy to him with the consent of the company. Afterwards, on September 19, 1904, Manning entered into a written contract with J. M. Molesworth, whereby the latter sold to Manning a farm in Cass county, valued at $4,000, to be paid for by paying $500 at the time and conveying to Moles-worth the lot in Kansas City, the balance, $2,250, to be paid in cash…
2Cases cited8 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Wm. Skinner & Sons' Ship-Building & Dry-Dock Co. v. HoughtonCourt of Appeals of Maryland · 1900
- Ashurst v. PeckSupreme Court of Alabama · 1893
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
- Snyder v. MurdockSupreme Court of Missouri · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Brickell v. Atlas Assurance Co., Ltd.California Court of Appeal · 1909
- Savings Trust Co. of St. Louis v. SkainSupreme Court of Missouri · 1939
- Taylor v. Interstate Investment Co.Washington Supreme Court · 1913
- Maudru v. HumphreysWest Virginia Supreme Court · 1919
- McGinley v. ForrestNebraska Supreme Court · 1921
9 more not listed; retrieve them via the Exa API.