Mount Leonard Milling Co. v. Liverpool & London & Globe Insurance
Missouri Court of Appeals
Ebbob to the Saline Circuit Court, Hon. John P. '.Steothee, Judge. Statement of case by the court. This is an action to recover for loss sustained, alleged to be covered by the provisions of a policy of insurance. The policy is dated June 2, 1884. By its terms, it covered plaintiff’s mill stock, consisting of sacks, grain, flour and feed stuff, contained in plaintiff’s mill building.
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Ebbob to the Saline Circuit Court, Hon. John P. '.Steothee, Judge. Statement of case by the court. This is an action to recover for loss sustained, alleged to be covered by the provisions of a policy of insurance. The policy is dated June 2, 1884. By its terms, it covered plaintiff’s mill stock, consisting of sacks, grain, flour and feed stuff, contained in plaintiff’s mill building. The fire Occurred during the life of the policy, by which the property insured was destroyed. The cause was submitted to the court, sitting as a jury, upon the following agreed statement of facts : . ‘ ‘ For the…
1Opinion of the CourtPhilips, P. J.
-There is no ground for controversy but that, under the application for, and. the provisions of, the policy of insurance, the statement by 'plaintiff respecting the quality of his title to the sacks was made express warranty. Loehner et al. v. Home Mutual Ins. Co., 17 Mo. 247 ; American Ins. Co. v. Barnett, 73 Mo. 364 ; Wood on Insurance, sect. 137.
It is equally undeniable that if the interest of the assured in the sacks was any other “than the entire, unconditional and sole ownership,” his cause must fail. Authorities, supra; Mers v. Franklin Ins. Co., 68 Mo. 131; Reithmueller v. Insurance…
2Cases cited8 opinions
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
- Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
- Agricultural Insurance v. MontagueMichigan Supreme Court · 1878
- Gaylord v. Lamar Fire InsuranceSupreme Court of Missouri · 1867
- American Insurance v. BarnettSupreme Court of Missouri · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Grigsby v. German InsuranceMissouri Court of Appeals · 1890
- Dow v. National Assurance Co. of IrelandSupreme Court of Rhode Island · 1904
- Belatti v. Western Grain Dealers Mut. Fire Ins.South Dakota Supreme Court · 1931
- Smith v. Retail Merchants' Fire Ins.South Dakota Supreme Court · 1912