Swift v. Central Union Fire Insurance

Plaintiffs case is based on an oral contract of fire insurance made by Mm with defendant’s agent. He obtained judgment in the circuit court.

The chief objection to the judgment is that the petition does not state facts sufficient to constitute a cause of action. The particular point is that there is no allegation that there was a consideration for the promise of insurance. The point is well made. [Mc-Nulty v. Collins, 7 Mo. 69; Hart v. Harrison Wire Co., 91 Mo. 414; County v. Auchley, 92 Mo. 126; Bliss on Code Pleading, secs. 268, 269, 308; 1 Chitty on Pleading (16 Ed.), 300, 301 (star page),…