Legal Opinion

Hilburn v. Phoenix Insurance

Missouri Court of Appeals

Decided March 2, 1908PublishedCited by 4 opinions

Appeal from Barton Circuit Court. — Ron. Levin Wilooooen Shaffer, Judge. (1) We attacked this petition all the way through the circuit court; by special demurrer, by objection to any evidence, by demurrer to the evidence, and by motion in arrest of judgment. It is bad for various reasons. R. S. 1899, secs. 7977, 7979; Burnham v. Insurance Co., 75 Mo. App. 399; Burgess v. Insurance Co., Ill Mo. App. 186; Todd v. Insurance Co., 1 Mo. App. 172; Wright v. Insurance Co., 73 Mo.

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Appeal from Barton Circuit Court. — Ron. Levin Wilooooen Shaffer, Judge. (1) We attacked this petition all the way through the circuit court; by special demurrer, by objection to any evidence, by demurrer to the evidence, and by motion in arrest of judgment. It is bad for various reasons. R. S. 1899, secs. 7977, 7979; Burnham v. Insurance Co., 75 Mo. App. 399; Burgess v. Insurance Co., Ill Mo. App. 186; Todd v. Insurance Co., 1 Mo. App. 172; Wright v. Insurance Co., 73 Mo. App. 367, 368; Thomason v. Insurance Co., 114 Mo. App. 109; Sappington v. Insurance Co., 72 Mo. App. 71, 76; Jewelry Co.…

1Opinion of the CourtBroaddus, P. J.

This is a suit to recover on a fire insurance policy. The policy was issued on the 14th day of June, 1906, on certain household furniture useful and ornamental, claimed by plaintiff as her property. The fire occurred on the 29th day of August, 1906. The policy recites that it was issued at Minden Mines, Missouri, and after giving a somewhat general description of the property locates them in a frame building on a certain lot in said city of Minden Mines.

The petition alleges that the plaintiff was the sole and unconditional owner of the property insured; that *675she has complied with all the…

2Cases cited10 opinions

  1. Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
  2. Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
  3. Burgess v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
  4. Gustin v. Concordia Fire InsuranceSupreme Court of Missouri · 1901
  5. Burnham v. Royal InsuranceMissouri Court of Appeals · 1898

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

3Cited by4 opinions

  1. Calvert v. Safeco Insurance Co. of AmericaMissouri Court of Appeals · 1983
  2. Wood v. General Insurance Co. of AmericaMissouri Court of Appeals · 1934
  3. Tiller v. Farmers' Mutual Fire InsuranceMissouri Court of Appeals · 1927
  4. Hilburn v. Phoenix InsuranceMissouri Court of Appeals · 1910

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