Leigh v. Springfield Fire & Marine Insurance
Missouri Court of Appeals
Appeal from the Stoddard Circuit Court. — Hon. John ■ Gr. Wear, Judge. The only issue made by tbe pleadings was-: Had tbe plaintiffs performed tbeir part of tbe contract ? They :aver in tbeir petition that “they bave faithfully kept ■and fulfilled all tbe conditions and requirements in tbe said contract of insurance on tbeir part.” As to the .giving notice of tbe fire no point is made, appellant . admitting that it had due notice.
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Appeal from the Stoddard Circuit Court. — Hon. John ■ Gr. Wear, Judge. The only issue made by tbe pleadings was-: Had tbe plaintiffs performed tbeir part of tbe contract ? They :aver in tbeir petition that “they bave faithfully kept ■and fulfilled all tbe conditions and requirements in tbe said contract of insurance on tbeir part.” As to the .giving notice of tbe fire no point is made, appellant . admitting that it had due notice. But tbe other requirements of tbe policy as to proof of loss and a certificate of the magistrate, not having been waived by the company, ought to be substantially…
1Opinion of the CourtThompson, J.
This is an action on a policy of fire insurance. The plaintiffs had a verdict and judgment, and the defendant prosecutes this appeal. The error assigned is that the court erred in refusing to take the case from the jury, at the close of the plaintiffs’ evidence. No evidence was offered for the defendant. The plaintiffs seek to avoid the force of this assignment of error, by raising the argument in support of the result reached in the trial court that the plaintiffs’ right of recovery stood admitted on the pleadings.
I. We shall first get this question of pleading out of the way. The petition…
2Cases cited3 opinions
- Sims v. State InsuranceSupreme Court of Missouri · 1870
- Erwin v. Springfield Fire & Marine InsuranceMissouri Court of Appeals · 1887
- Noonan v. Hartford Fire InsuranceSupreme Court of Missouri · 1855
3Cited by12 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Schultz v. Queen Insurance CompanyMissouri Court of Appeals · 1965
- Fink v. Lancashire InsuranceMissouri Court of Appeals · 1895
- McCollum v. Niagara Fire InsuranceMissouri Court of Appeals · 1895
- Dautel v. Pennsylvania Fire InsuranceMissouri Court of Appeals · 1896
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