Legal Opinion

Burnett v. American Central Insurance

Missouri Court of Appeals

Decided January 11, 1897PublishedCited by 12 opinions

Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) Plaintiff’s evidence shows that he utterly failed to comply with the reasonable condition of the policy that he should keep a set of books, showing a complete record of business transacted, including all purchases and sales for cash and credit. Crigler v. Ins. Co., 49 Mo. App. 11; Landman v. Ins. Go., 18 Ins. L. J. (La.) 813; Kelly Coodfellow Co. v. Ins. Co., 33 S. W. Rep.

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Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) Plaintiff’s evidence shows that he utterly failed to comply with the reasonable condition of the policy that he should keep a set of books, showing a complete record of business transacted, including all purchases and sales for cash and credit. Crigler v. Ins. Co., 49 Mo. App. 11; Landman v. Ins. Go., 18 Ins. L. J. (La.) 813; Kelly Coodfellow Co. v. Ins. Co., 33 S. W. Rep. (Tex.) 554; Pelican Co. v.'Wilkerson, 13 S. W. Rep. (Ark.) 1103; Ins. Co. v. Parker, 32 S. W. Rep. (Ark.) 507; Ins. Co. v. Bates, 60 111. App. 39;…

1Opinion of the CourtSmith, P. J.

This is an action on a fire insurance policy, in which the plaintiff had judgment and the defendant appealed.

I. The appealing defendant objects that the evidence does not show that the plaintiff complied with a provision of the policy pleaded in the answer, which obliged the plaintiff to keep a set of books showing a complete record of the business transacted by him, including sales for cash and on credit.

1 ^feeping'bóoks: evi ence.jmy. The testimony of the plaintiff was that he kept books and accounts, including a daybook, in which were made entries of his business; that he kept a cash…

2Cases cited3 opinions

  1. Hoffman v. Manufacturers' Accident Indemnity Co.Missouri Court of Appeals · 1894
  2. Walker v. Phœnix InsuranceMissouri Court of Appeals · 1895
  3. Burnham, Hanna, Munger & Co. v. Greenwich InsuranceMissouri Court of Appeals · 1895

3Cited by12 opinions

  1. Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
  2. Doerr v. National Fire InsuranceSupreme Court of Missouri · 1926
  3. Eaton v. Globe & Rutgers Fire InsuranceMassachusetts Supreme Judicial Court · 1917
  4. Ætna Insurance v. JohnsonSupreme Court of Georgia · 1907
  5. Carp v. Queen InsuranceMissouri Court of Appeals · 1906

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