Giboney v. German Insurance
Missouri Court of Appeals
Error to Gape Girardeau Court of Common Pleas.. Hon. Maurice Cramer, Judge. The only point in this case is one of interpretation of policy. Did the phrase, “On hay in bam or stack,” mean that the hay must be in insured barn % The court-will endeavor to give to the contract a rational and just construction, and the presumption is in favor of the comprehensive over the restricted sense. 2 Parsons on ■Contracts [5 Ed.] pp. 500, 501; Fur Co. v. Ins. Co., 17 Mo.
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Error to Gape Girardeau Court of Common Pleas.. Hon. Maurice Cramer, Judge. The only point in this case is one of interpretation of policy. Did the phrase, “On hay in bam or stack,” mean that the hay must be in insured barn % The court-will endeavor to give to the contract a rational and just construction, and the presumption is in favor of the comprehensive over the restricted sense. 2 Parsons on ■Contracts [5 Ed.] pp. 500, 501; Fur Co. v. Ins. Co., 17 Mo. App. 627. Nothing in the construction of the policy would require that the hay should be in the insured barn if the policy did not so…
1Opinion of the CourtRombauer, P. J.
The errors assigned in this case relate to the rulings of the court upon the evidence and instructions, and are claimed to arise in the following manner: The defendant issued a policy of fire insurance to the plaintiff which described the property insured and the amount of insurance as follows: On frame barn number 1 and shed adjoining, $600. On hay in barn or stoclc, $100. On grain in barn and granary, and on grain in stack on cultivated premises, $600. On farming implements on premises, not including threshing machine, and on wagons and harness on premises, $200.
The plaintiff suffered a…
2Cases cited3 opinions
- Tesson v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1867
- Goff v. MulhollandSupreme Court of Missouri · 1859
- Southwest Lead & Zinc Co. v. Phœnix InsuranceMissouri Court of Appeals · 1887
3Cited by20 opinions
- Young v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
- Curtis v. Indemnity Co. of AmericaSupreme Court of Missouri · 1931
- Clayton v. DinwoodeyUtah Supreme Court · 1908
- Vining v. Franklin Fire InsuranceMissouri Court of Appeals · 1901
- Wood v. General Insurance Co. of AmericaMissouri Court of Appeals · 1934
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