American Insurance v. Barnett
Supreme Court of Missouri
Appeal from St. Clair Circuit Court. — Hon. J. D. Parkinson, Judge. The misrepresentation as to the title avoids the insurance upon the house at least. Kibbe v. Ins. Co., 11 Gray 163;' Abbott v. Ins. Go., 3 Allen 213; 9 Allen 334. The plaintiff is not concluded by having adjusted the loss. The adjustment was madé in ignorance of the true state of the title; and plaintiff" was not bound to take notice of the record which showed that the title was not in defendant.
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Appeal from St. Clair Circuit Court. — Hon. J. D. Parkinson, Judge. The misrepresentation as to the title avoids the insurance upon the house at least. Kibbe v. Ins. Co., 11 Gray 163;' Abbott v. Ins. Go., 3 Allen 213; 9 Allen 334. The plaintiff is not concluded by having adjusted the loss. The adjustment was madé in ignorance of the true state of the title; and plaintiff" was not bound to take notice of the record which showed that the title was not in defendant. Maul v. Rider, 59 Pa. St. 167; Losey v. Simpson, 11 N. J. Eq. 246 . Stuycesant v. Hall, 2 Barb. Ch. 151; Stuyvesant v. Hone, 1…
1Opinion of the CourtNorton, J.
This is a suit instituted in St. Clair county to cancel a policy of insurance issued by plaintiff to defendants J. H. Barnett and Lizzie Barnett, and also a certificate of adjustment of loss under said policy, and a promise to pay $710, given by plaintiff* to defendants, and to restrain all the defendants from negotiating or disposing of said certificate of adjustment .or promise to pay. The property insured was a dwelling house situated on the east half of section 17, township 36, range 29, in Vernon county, and certain household furniture and wearing apparel in the same, the whole valued at…
2Cases cited5 opinions
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
- Koontz v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1868
- Smith v. Empire InsuranceNew York Supreme Court · 1857
- Associated Firemen's Insurance v. AssumCourt of Appeals of Maryland · 1853
- Barnes v. Union Mut. Fire Ins.Supreme Judicial Court of Maine · 1863
3Cited by13 opinions
- Trabue v. Dwelling House InsuranceSupreme Court of Missouri · 1894
- Barnard v. National Fire InsuranceMissouri Court of Appeals · 1887
- Holloway v. Dwelling-House InsuranceMissouri Court of Appeals · 1892
- Connecticut Fire Ins. v. ManningCourt of Appeals for the Eighth Circuit · 1908
- Walker v. Phœnix InsuranceMissouri Court of Appeals · 1895
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