Legal Opinion

Burge Bros. v. Greenwich Insurance

Missouri Court of Appeals

Decided April 12, 1904PublishedCited by 7 opinions

Appeal from Barry Circuit Court. — Hoot. H. G. Pepper, Judge. (1) Respondents’ fraudulent claims and false swearing are sufficient to defeat the- action.

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Appeal from Barry Circuit Court. — Hoot. H. G. Pepper, Judge. (1) Respondents’ fraudulent claims and false swearing are sufficient to defeat the- action. Pearl F. Burge admittedly swore falsely concerning the subject of the insurance, notably in this, that he testified that the respondents had maintained the stock at not less than the value of $6,000 or $7,000 and as high-as $8,500 from early in 1891 to the date of the loss, and yet he made oath that the value was $2,000 in. the spring of 1901; and well informed, disinterested men put the value at about $3,500 to $4,000 at most, when he…

1Opinion of the CourtGoode, J.

The defendant, issued a policy of insurance for $1,000, dated June 2, 1901, insuring plaintiffs’ stock of general merchandise contained in a building in the town of Purdy, for one year from that date. The merchandise was consumed by fire February 28, 1902, and as the loss was not settled, this action was instituted to compel payment.

Plaintiffs, Henry and Pearl F. Burge, composed a partnership. Proofs of loss were prepared by B. F. Collins, the company’s regular adjuster, and were sworn to by W. D. Burge, father of the plaintiffs, hut not a member of the firm. He had been employed in the…

2Cases cited10 opinions

  1. Aurora Fire Insurance v. JohnsonIndiana Supreme Court · 1874
  2. Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
  3. Gerhauser v. North British & Mercantile InsuranceNevada Supreme Court · 1871
  4. Travis v. Peabody InsuranceWest Virginia Supreme Court · 1886
  5. Gibson v. Missouri Town Mutual Ins.Missouri Court of Appeals · 1900

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
  2. Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
  3. Strawbridge v. Standard Fire InsuranceMissouri Court of Appeals · 1916
  4. Hilburn v. Phoenix InsuranceMissouri Court of Appeals · 1910
  5. Surface v. Northwestern National InsuranceMissouri Court of Appeals · 1911

2 more not listed; retrieve them via the Exa API.

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