Cagle v. Chillicothe Town Mutual Fire Insurance
Missouri Court of Appeals
Appeal p'om the Jasper Circuit Court. — Hon J. D. Perkins, Judge. (1) The court erred in overruling the objection of the defendant to the introduction of the evidence on the ground that the petition did not state facts sufficient to constitute a cause of action. As the petition then stood it did not allege an insurable interest in the plaintiff at the time the policy was issued and contained no allegation of ownership at the time of the fire. Clevinger v. Ins. Co., 71 Mo.
Read the full summary
Appeal p'om the Jasper Circuit Court. — Hon J. D. Perkins, Judge. (1) The court erred in overruling the objection of the defendant to the introduction of the evidence on the ground that the petition did not state facts sufficient to constitute a cause of action. As the petition then stood it did not allege an insurable interest in the plaintiff at the time the policy was issued and contained no allegation of ownership at the time of the fire. Clevinger v. Ins. Co., 71 Mo. App. 73; Scott v. Ins. Co., 65 Mo. App. 75; Lane v. Ins. Co., 28 Am. Dec. 151; Christman v. Ins. Co., 16 Ore.'283;…
1Opinion of the CourtSmith, P. J.
This is an action which was brought on a fire insurance policy. The petition failed to allege directly or inferentially the ownership of the property at the time of the loss. After the verdict the plaintiff was permitted by the court to insert a proper allegation of this fact in his petition. This action of the court is assigned as error.
Insurance: pleading: amendment after verdict. It is true that at the inception of the trial the defendant objected to the introduction of any evidence by the plaintiff on the ground that the petition did not state facts sufficient to constitute a cause of…
2Cases cited12 opinions
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
- Breckinridge v. American Central InsuranceSupreme Court of Missouri · 1885
- Franklin v. Atlantic Fire InsuranceSupreme Court of Missouri · 1868
- Pelkington v. National InsuranceSupreme Court of Missouri · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Zeilman v. Cent. Mut. Ins. Assn.Missouri Court of Appeals · 1929
- Smith v. Mutual Cash Guaranty Fire Ins.South Dakota Supreme Court · 1907
- Scarritt Estate Co. v. Casualty Co. of AmericaMissouri Court of Appeals · 1912
- Western Nat. Ins. v. MarshSupreme Court of Oklahoma · 1912