Malin v. Mercantile Town Mutual Insurance
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Eon. J. T. Neville, Judge. (1) The court committed error in sustaining plaintiff’s motion to strike out that part of defendant’s answer which set up as a defense that the fire which occasioned the loss sued for was the result of gross neglect or intent on the part of plaintiff’s son and agent, in charge of and associated with plaintiff in the store business. LaPorce v. Ins.
Read the full summary
Appeal from Greene Circuit Court. — Eon. J. T. Neville, Judge. (1) The court committed error in sustaining plaintiff’s motion to strike out that part of defendant’s answer which set up as a defense that the fire which occasioned the loss sued for was the result of gross neglect or intent on the part of plaintiff’s son and agent, in charge of and associated with plaintiff in the store business. LaPorce v. Ins. Co., 43 Mo.- App. 518. (2) The applications for continuances filed by the defendant, and the affidavits connected therewith were wholly irrelevant to any issue involved in the cause. .It…
1Opinion of the CourtBland, P. J.
(after stating the facts as above.)
1. There was no error in striking out that part of the answer in respect to what plaintiff’s son did in plaintiff’s absence; it was not alleged that he ordered or directed the stove to be filled with combustible material at night or that he ever had any knowledge or notice that it had been done. Under no theory of law or justice, is he chargeable with the alleged wrongful act of his son. Wertheimer-Swarts Shoe Company v. U. S. Casualty Company, 172 Mo. 135.
2. Under the clause of the policy, to-wit: “This policy shall be void if the hazard be increased by any…
2Cases cited6 opinions
- Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
- Dolan v. Missouri Town Mutual Fire InsuranceMissouri Court of Appeals · 1900
- Baldwin v. Chouteau InsuranceSupreme Court of Missouri · 1874
- Millis v. Scottish Union & National InsuranceMissouri Court of Appeals · 1902
- Wertheimer-Swarts Shoe Co. v. United States Casualty Co.Supreme Court of Missouri · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Noland v. Buffalo Ins. CoCourt of Appeals for the Eighth Circuit · 1950
- Doerr v. National Fire InsuranceSupreme Court of Missouri · 1926
- Scottish Union & National Ins. v. Moore Mill & Gin Co.Supreme Court of Oklahoma · 1914
- Ætna Insurance v. JohnsonSupreme Court of Georgia · 1907
13 more not listed; retrieve them via the Exa API.