Rissler v. American Central Insurance
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. D. W. SHACKLEFORD, Judge. (1) Defendant’s motion to compel plaintiff to elect should have been sustained. Trabue v. Ins. Co., 121 Mo. 75. (2) The defendant’s demurrer to the evidence should have been sustained. The statements in the application were warranties. The evidence is undisputed that the statements made were false. Whether they were material or immaterial makes no difference. Haqford v. Ins.
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Appeal from Cooper Circuit Court. — Hon. D. W. SHACKLEFORD, Judge. (1) Defendant’s motion to compel plaintiff to elect should have been sustained. Trabue v. Ins. Co., 121 Mo. 75. (2) The defendant’s demurrer to the evidence should have been sustained. The statements in the application were warranties. The evidence is undisputed that the statements made were false. Whether they were material or immaterial makes no difference. Haqford v. Ins. Co., 121 Mo. 60. The insured, with full knowledge of the falsity of the answers, signed the application; he is bound thereby, Snider v. Express Co., 63…
1Opinion of the CourtGantt, P. J.
This is an action on a policy of insurance by defendant to plaintiff.
The policy contains this provision: “In consideration of the stipulation herein named, and of $72.85 premium, the American Insurance Company of St. Louis does insure Geo. 0. Bissler for the term of one year from the twenty-first day ■of December, 1895, at noon, against all direct loss or damage by fire except as hereinafter provided, to an amount not exceeding $4,700 to the following described property, while located as described herein and not eleswhere, to wit; $200 on store and office furniture and fixtures including show…
2Cases cited12 opinions
- Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
- New Jersey Mutual Life Insurance v. BakerSupreme Court of the United States · 1877
- Franklin v. Atlantic Fire InsuranceSupreme Court of Missouri · 1868
- Ætna Live Stock, Fire & Tornado Insurance v. OlmsteadMichigan Supreme Court · 1870
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
- Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
- Central & Southern Truck Lines, Inc. v. Westfall GMC Truck, Inc.Missouri Court of Appeals · 1958
- Shotliff v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
- City of De Soto v. American Guaranty Fund Mutual Fire InsuranceMissouri Court of Appeals · 1903
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