Shaver v. Mercantile Town Mutual Insurance
Missouri Court of Appeals
Appeal from the Clinton Circuit Court. — Hon. W. S. Herndon, Judge. (1) The only agreement alleged in the petition to have ■existed by virtue of the contract on which plaintiff seeks to recover, is an agreement or promise to insure, there being no promise to pay plaintiff any sum of money at any time, under any circumstances, conditional or otherwise, and the language used, “such corporation contracted with and insured plaintiff” is not equivalent to a promise to pay, as it…
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Appeal from the Clinton Circuit Court. — Hon. W. S. Herndon, Judge. (1) The only agreement alleged in the petition to have ■existed by virtue of the contract on which plaintiff seeks to recover, is an agreement or promise to insure, there being no promise to pay plaintiff any sum of money at any time, under any circumstances, conditional or otherwise, and the language used, “such corporation contracted with and insured plaintiff” is not equivalent to a promise to pay, as it is not necessarily such a promise. Lanitz v. Xing, 93 Mo. 513; Loehr v. Murphy, 45 Mo. App. 519; Pier v. Heinrichoffen,…
1Opinion of the CourtGill, J.
This is an action to recover insurance. Plaintiff had judgment below and defendant appealed. In the cir- • cuit court, defendant, both by demurrer and motion in arrest, objected to the sufficiency of the petition, claiming that it failed in several respects to state facts sufficient to constitute a cause of action.
Omitting the mere formal allegations relating to the incorporation of defendant, etc., the substance of the petition reads: “That on the — day of March, 1897, the defendant contracted with and insured the plaintiff by their certain policy of fire insurance on his stock of general…
2Cases cited3 opinions
- Smith v. BurrusSupreme Court of Missouri · 1891
- Clevinger v. Northwestern National InsuranceMissouri Court of Appeals · 1897
- Boulware v. Farmers' & Laborers' Co-Operative InsuranceMissouri Court of Appeals · 1899
3Cited by2 opinions
- Massey-Harris Harvester Co. v. Federal Reserve BankMissouri Court of Appeals · 1932
- Shaver v. Mercantile Mutual InsuranceMissouri Court of Appeals · 1900