Sharp v. Niagara Fire Insurance
Missouri Court of Appeals
Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. (1) Defendant should not have been permitted to show the value of the property insured immediately before it was damaged and the court’s refusal to permit the introduction of evidence to that end was error. Stevens v. Ins. Co., 120 Mo. App. 107; Surface v. Ins. Co., 157 Mo. App. 570; Burge v. Ins. Co., 106 Mo. App. 255; Howerton v. Ins. Co., 105 Mo. App. 575; Gustin v. Ins.
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Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. (1) Defendant should not have been permitted to show the value of the property insured immediately before it was damaged and the court’s refusal to permit the introduction of evidence to that end was error. Stevens v. Ins. Co., 120 Mo. App. 107; Surface v. Ins. Co., 157 Mo. App. 570; Burge v. Ins. Co., 106 Mo. App. 255; Howerton v. Ins. Co., 105 Mo. App. 575; Gustin v. Ins. Co., 164 Mo. 172. (2) The three-fourths value clause, or condition of the policy plainly and legally limits the liability of the defendant to its pro^ rata…
1Opinion of the Court
NISON, P. J.-
This was an action by the plaintiff on a policy of fire insurance upon property situate in Thayer, Mo. The plaintiff obtained judgment for the sum of $300 on his frame, metal roof, building, and the sum of $2080 on his machinery, from which the defendant has appealed.
The petition on which the case was tried is as follows (formal parts omitted):
“Plaintiff for his cause of action states that.the defendant is, and was at all times hereinafter mentioned, a corporation, duly organized and existing, and doing a fire insurance business, under the laws of the state of Missouri, with…
2Cases cited9 opinions
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Bell v. CampbellSupreme Court of Missouri · 1894
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- State ex rel. Steel v. PhillipsSupreme Court of Missouri · 1897
- Rudd v. American Guarantee Fund Mutual Fire InsuranceMissouri Court of Appeals · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Duckworth v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1970
- Tinsley v. Ætna InsuranceMissouri Court of Appeals · 1918
- Calnon v. Fidelity-Phenix Fire Ins.Nebraska Supreme Court · 1925
- Buffalo Ins. Co. of Buffalo v. BommaritoCourt of Appeals for the Eighth Circuit · 1930
- Strawbridge v. Standard Fire InsuranceMissouri Court of Appeals · 1916
9 more not listed; retrieve them via the Exa API.