White v. Merchants' Insurance
Missouri Court of Appeals
Appeal from Linn Circuit Court. — Hon. John P. Butter, Judge. (1) The court erred in permitting plaintiff White to testify to conversations between himself and Cunning, and to his understanding from what Cunning said, and that it was a mistake on his part, and that it was not his intention to deceive defendant.
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Appeal from Linn Circuit Court. — Hon. John P. Butter, Judge. (1) The court erred in permitting plaintiff White to testify to conversations between himself and Cunning, and to his understanding from what Cunning said, and that it was a mistake on his part, and that it was not his intention to deceive defendant. (2) It was incumbent on plaintiff to prove that Cunning owned the goods when the policy was issued and at the time of the ñre; also their value; also that they were destroyed and in the place where insured. (3) The second instruction given for plaintiff is erroneous; Harness v. Ins.…
1Opinion of the CourtEllison, J.
— Defendant by its policy of fire insurance, insured a stock of goods stored in a- certain described building in the town of Mareeline as the property of David *285W. Cunning. The goods were afterwards, during the life of the policy, destroyed by fire. Cunning thereafter assigned the policy and claim thereunder to this plaintiff and he recovered judgment in the trial court. There was evidence tending to show that Cunning was not the sole owner of the goods when insured and when burned — that one Wheeler was at least a part owner; and that Wheeler and • Cunning employed others to burn the…
2Cases cited6 opinions
- Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
- Dolan v. Missouri Town Mutual Fire InsuranceMissouri Court of Appeals · 1900
- Harness v. National Fire InsuranceMissouri Court of Appeals · 1895
- Gustin v. Concordia Fire InsuranceSupreme Court of Missouri · 1901
- Scott & Son v. Phoenix InsuranceMissouri Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- American Central Insurance Company v. KirbyMissouri Court of Appeals · 1956
- Florea v. Iowa State InsuranceMissouri Court of Appeals · 1930
- Farber v. American Automobile InsuranceMissouri Court of Appeals · 1915
- Prudential Insurance v. German Mutual Life Insurance Ass'nMissouri Court of Appeals · 1933
- G.M. Battery & Boat Co. v. L.K.N. Corp.Supreme Court of Missouri · 1988
4 more not listed; retrieve them via the Exa API.