Bever v. Home Insurance Co.
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Eon. R. G. Thurman, Judge. (1) The evidence showed a failure on the part of plaintiff to comply with the iron-safe clause. The alleged inventory was not an itemized inventory. Roberts, Willis & Taylor v. Insurance Co., 48 S. W. 559. (2) The hooks kept by plaintiff did not clearly and plainly present a complete record of the business transacted, including all purchases, sales and shipments of said stock, both for cash and credit.
Read the full summary
Appeal from Vernon Circuit Court. — Eon. R. G. Thurman, Judge. (1) The evidence showed a failure on the part of plaintiff to comply with the iron-safe clause. The alleged inventory was not an itemized inventory. Roberts, Willis & Taylor v. Insurance Co., 48 S. W. 559. (2) The hooks kept by plaintiff did not clearly and plainly present a complete record of the business transacted, including all purchases, sales and shipments of said stock, both for cash and credit. Trading Co. v. Insurance Co., 48 S. E. (Ga.) 918. (8) A person signing an instrument is presumed to know its contents. The court…
1Opinion of the CourtEllison, J.
This is an action on a policy of fire insurance in which plaintiff recovered judgment in the circuit court.
The point is made that plaintiff made false answers in his written application for the insurance which he warranted to be true, particularly in stating that he had never had a fire of incendiary origin. It was shown he had had such a fire; but there was evidence tending to prove that defendant’s agent taking the application knew of that fact and that he wrote out the application for plaintiff, himself writing the answer to the question as to previous fires. In addition it was shown that…
2Cases cited4 opinions
- Thomas v. Hartford Fire InsuranceMissouri Court of Appeals · 1886
- Ross-Langford v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1902
- Bushnell v. Farmers Mutual InsuranceMissouri Court of Appeals · 1905
- Hollenbeck & Co. v. Mercantile Town Mutual Fire InsuranceMissouri Court of Appeals · 1908
3Cited by1 opinion
- State Ex Rel. Bull Dog Auto Fire Insurance v. BlandSupreme Court of Missouri · 1927