Walker v. Phœnix Insurance
Missouri Court of Appeals
Appeal from the Sullivan Circuit Court. — Hon. W. W. Ruckee, Judge. (1) The court erred in overruling defendant’s motion to. make the reply definite and certain. Long v. Long, 79 Mo. 649; Bliss on Code Pleading, sec. 331. (2) The evidence offered as to the acts and declarations of plaintiff’s wife after she went to the building at his instance and as his agent, was admissible. Especially was this true of what was said and done by her while the building was burning.
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Appeal from the Sullivan Circuit Court. — Hon. W. W. Ruckee, Judge. (1) The court erred in overruling defendant’s motion to. make the reply definite and certain. Long v. Long, 79 Mo. 649; Bliss on Code Pleading, sec. 331. (2) The evidence offered as to the acts and declarations of plaintiff’s wife after she went to the building at his instance and as his agent, was admissible. Especially was this true of what was said and done by her while the building was burning. Everything said or done by any actor, or by any bystander or spectator, while the fact which was the subject of inquiry was…
1Opinion of the CourtSmith, P. J.
This is an action on a fire insurance policy. There was a trial and judgment for plaintiff, from which defendant has appealed.
The replication to the answer was a denial “of each and every allegation therein contained, except as hereinafter admitted.”
The defendant filed a motion to require the plaintiff to make his reply definite and certain by stating what allegations of the answer were admitted and what denied. The court overruled this motion. The remarks *216made by Mr. Commissioner Phillips in Long v. Long, 79 Mo. 644, are quite apposite here. The trial court should have sustained the motion,…
2Cases cited22 opinions
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
- Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
- Boutell v. WarneSupreme Court of Missouri · 1876
- Ex parte SnyderSupreme Court of Missouri · 1876
17 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bennie Vitale, and Anna Vitale v. The Aetna Casualty & Surety CompanyCourt of Appeals for the Eighth Circuit · 1987
- Rent-A-Car Co. v. Globe & Rutgers Fire InsuranceCourt of Appeals of Maryland · 1930
- Gould v. MFA Mutual Insurance CompanyMissouri Court of Appeals · 1960
- Connecticut Fire Ins. v. ManningCourt of Appeals for the Eighth Circuit · 1908
- Burnett v. American Central InsuranceMissouri Court of Appeals · 1897
8 more not listed; retrieve them via the Exa API.