Widman v. American Central Insurance
Missouri Court of Appeals
Apeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge. (1) The justice of the peace and the circuit court on appeal had no jurisdiction over the subject-matter of this cause, (a) The suit is “founded” on a written instrument, a policy of insurance, and it is required by law to be filed or proof given that it is “lost or destroyed.” R. S. 1899, secs. 3852-3855; Western Ass’n Co. v. McCarty, 48 N. E. 265; Wilkinson v. Ins. Co., 63 Mo. App. 407; Ins.
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Apeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge. (1) The justice of the peace and the circuit court on appeal had no jurisdiction over the subject-matter of this cause, (a) The suit is “founded” on a written instrument, a policy of insurance, and it is required by law to be filed or proof given that it is “lost or destroyed.” R. S. 1899, secs. 3852-3855; Western Ass’n Co. v. McCarty, 48 N. E. 265; Wilkinson v. Ins. Co., 63 Mo. App. 407; Ins. Co. v. Walser, 22 Ind. 81; Price v. Ins. Co., 58 Mb. App. 554. (b) No jurisdiction is conferred on justice’s courts to proceed in a…
1Opinion of the CourtGoode, J.
— This case was instituted before a justice of the peace on the following statement:
“Otto Widman, Plaintiff,
v.
“American Central Insurance Company, Defendant.
“Before James J. Spaulding, Esq., justice of the peace for the fifth district, city of St. Louis.
“American Central Insurance Company to Otto Widman, Dr.,
*345“To balance due under Policy 1161408 issued by defendant on July 15, 1901, on plaintiff’s dwelling-house at Webster Groves, Missouri, on account of the total destruction of said building by fire on July 30, 1902 ............................$166.67
“Amount due on account of defendant’s…
2Cases cited11 opinions
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