Worth v. German Insurance
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The court erred in refusing to give to the jury the instruction in the nature of a demurrer to plaintiff’s evidence, asked by defendant at the close of plaintiff’s evidence, for the reason that the undisputed evidence shows that the policy was issued and delivered after the fire without any knowledge of defendant’s agent of the destruction by fire of the property.
Read the full summary
Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The court erred in refusing to give to the jury the instruction in the nature of a demurrer to plaintiff’s evidence, asked by defendant at the close of plaintiff’s evidence, for the reason that the undisputed evidence shows that the policy was issued and delivered after the fire without any knowledge of defendant’s agent of the destruction by fire of the property. Plaintiff’s evidence does not establish a consummated verbal agreement of insurance previous to the fire, and therefore the plaintiff was not entitled to…
1Opinion of the CourtSmith, P. J.
This is an action on a policy of fire insurance, wherein the plaintiff had judgment, from which defendant has appealed. The main contention of the defendant here is that the trial court erred in overruling its demurrer to the plaintiff’s evidence, to the disclosures of which we may now turn our attention.
It appears that on the thirteenth of October, 1894, the plaintiff, a dealer in hay and feed, applied to one *586Bennett, an insurance agent and broker, for $1,000 additional insurance on tbe stock of hay and feed the former had then accumulated in his warehouse, in Kansas City, Kansas. The…
2Cases cited4 opinions
- City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
- Baldwin v. Chouteau InsuranceSupreme Court of Missouri · 1874
- E. S. Brownfield & Brother v. Phœnix Insurance Co. of LondonMissouri Court of Appeals · 1887
- Brownfield v. Phœnix InsuranceMissouri Court of Appeals · 1889
3Cited by8 opinions
- Massachusetts Bonding & Ins. v. R. E. Parsons Electric Co.Court of Appeals for the Eighth Circuit · 1932
- United States Fidelity & Guaranty Co. v. American Bonding Co.Supreme Court of Oklahoma · 1911
- Roark v. City Trust, Safe Deposit & Surety Co.Missouri Court of Appeals · 1908
- McIntyre v. Federal Life InsuranceMissouri Court of Appeals · 1910
- Shelby v. Connecticut Fire InsuranceMissouri Court of Appeals · 1924
3 more not listed; retrieve them via the Exa API.