Southwest Lead & Zinc Co. v. Phœnix Insurance
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Hon. M. Gr. McGtEEGoe, Judge. Motion for rehearing denied. The case and facts are stated in the opinion of the court. I. The only question in the case is, did the insurance policy sued upon insure against fire the room or building which was destroyed. We say it did; the defendant says it did not, and the trial court decided it did not, and refused to let the jury pass upon the question.
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Appeal from Jasper Circuit Court, Hon. M. Gr. McGtEEGoe, Judge. Motion for rehearing denied. The case and facts are stated in the opinion of the court. I. The only question in the case is, did the insurance policy sued upon insure against fire the room or building which was destroyed. We say it did; the defendant says it did not, and the trial court decided it did not, and refused to let the jury pass upon the question. What property or building the policy insured against fire was a question of fact to be determined by the jury, under instructions/ But for the introduction of evidence the…
1Opinion of the CourtEllison, J.
This action is to recover on a policy of insurance. That portion of the policy under which the insurance is claimed, reads: “Four hundred dollars on their one-story frame building to be occupied by furnaces for smelting zinc.” The building was not yet completed, but permission was given that it might be finished. The policy was admitted, and the only evi*457lence taken was that of the president of the plaintiff company. At the conclusion of his testimony the court took the case from the jury, by instructing a verdict for defendant.
The defendant’s claim here is, that there were two buildings,…
2Cases cited2 opinions
- Tesson v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1867
- Woods v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1872
3Cited by3 opinions
- Giboney v. German InsuranceMissouri Court of Appeals · 1892
- Holter Lumber Co. v. Fireman's Fund InsuranceMontana Supreme Court · 1896
- Southwest Lead & Zing Co. v. Phœnix InsuranceMissouri Court of Appeals · 1890