Legal Opinion

Keet-Rountree Dry Goods Co. v. Mercantile Town Mutual Insurance

Missouri Court of Appeals

Decided April 28, 1903PublishedCited by 18 opinions

Appeal from Newton Circuit Court. — Ho». H. C. Pepper, Judge. . STATEMENT. On January 15, 1901, the defendant the Mercantile Town Mutual Insurance Company, a corporation organized under article 11, chapter 119, Revised Statutes 1899, p. 1902, issued to T. H. Wimpey a policy insuring him for the term of one year thereafter, against all loss by fire to an amount not exceeding $1,350, this risk attaching to .and covering $350 on the building, $960 on stock of miscellaneous and…

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Appeal from Newton Circuit Court. — Ho». H. C. Pepper, Judge. . STATEMENT. On January 15, 1901, the defendant the Mercantile Town Mutual Insurance Company, a corporation organized under article 11, chapter 119, Revised Statutes 1899, p. 1902, issued to T. H. Wimpey a policy insuring him for the term of one year thereafter, against all loss by fire to an amount not exceeding $1,350, this risk attaching to .and covering $350 on the building, $960 on stock of miscellaneous and assorted merchandise, and $40 on store fixtures, including shoe cases and iron safe; on February 2d, following,…

1Opinion of the CourtReyburn, J.

1. The chief defense interposed by defendant’s answer and relied on to defeat plaintiff’s demand was, that no inventory was exhibited, although demand therefor was made, nor did the assured keep a set of books presenting a complete record of the business transacted by him. The assured appears to-have had a safe as part of. the equipment of his place of business and he candidly acknowledged that although the fire occurred at an' hour in the early morning when the building could not have been open for the transaction of business, his books, at least in part, and his inventory were left exposed…

2Cases cited8 opinions

  1. Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
  2. Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899
  3. Barnard v. National Fire InsuranceMissouri Court of Appeals · 1889
  4. Gibson v. Missouri Town Mutual Ins.Missouri Court of Appeals · 1900
  5. McCollum v. Niagara Fire InsuranceMissouri Court of Appeals · 1895

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

3Cited by18 opinions

  1. MFA Mut. Ins. Co. v. QuinnMissouri Court of Appeals · 1953
  2. Tinsley v. Ætna InsuranceMissouri Court of Appeals · 1918
  3. Shawnee Fire-insurance v. KnerrSupreme Court of Kansas · 1905
  4. Rudd v. American Guarantee Fund Mutual Fire InsuranceMissouri Court of Appeals · 1906
  5. American Central Insurance v. NunnTexas Supreme Court · 1904

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

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