Bode v. Firemen's Insurance
Missouri Court of Appeals
Appeal from Buchanan Circuit Court, — Hon. W. K. James, Judge. (1) The petition does not state a cause of action. It fails to allege that plaintiff’s assignor had an interest in the property described. It does not allege whát the value of the property or interest was (if she had an interest), or that if had any value. The property was not a building. It was an incomplete structure. Story v. Ins. Co., 61 Mo. App. 534; Green v. Ins. Co., 69 Mo.
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Appeal from Buchanan Circuit Court, — Hon. W. K. James, Judge. (1) The petition does not state a cause of action. It fails to allege that plaintiff’s assignor had an interest in the property described. It does not allege whát the value of the property or interest was (if she had an interest), or that if had any value. The property was not a building. It was an incomplete structure. Story v. Ins. Co., 61 Mo. App. 534; Green v. Ins. Co., 69 Mo. App. 420; Pier v. Heinrichoffen, 62 Mo. 333; Scott v. Bichards, 67 Mo. 280; Stanley v. House Furnishing Co., 21 Mo. App 128. (2) Only one instruction…
1Opinion of the CourtSmith, P. J.
— This is an action on a fire insurance policy. The petition in substance alleged: (1) That on November 2, 1901, Hans Neilson entered into written contract with David Y. Clark whereby the former agreed to sell and convey by deed to the latter certain lots in the city of St. Joseph at a time specified in said contract; (2) that on December 11, 1901, the said David Y. Clark assigned all his rights under said contract to Elizabeth Clark and that the latter caused to be constructed thereon a two-story frame dwelling house with a brick basement and shingle roof, and which said dwelling was…
2Cases cited3 opinions
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Millis v. Scottish Union & National InsuranceMissouri Court of Appeals · 1902
- Jones v. Philadelphia UnderwritersMissouri Court of Appeals · 1899
3Cited by2 opinions
- Sharp v. Niagara Fire InsuranceMissouri Court of Appeals · 1912
- Ritchey v. Home InsuranceMissouri Court of Appeals · 1904