Marshal v. American Guarantee Mutual Fire Insurance
Missouri Court of Appeals
Appeal from the Laclede Circuit Court. — Hon. L. B. Woodside, Judge. The second point raised on appeal is that the petition “does not state the value of the property destroyed,” and cites the foregoing oases to show a necessity for such allegation; but the trouble with those cases is, that wheye the court declares such averment necessary, the issue raised relates to personal property only. The case of Walker v. Ins. Co., 62 Mo.
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Appeal from the Laclede Circuit Court. — Hon. L. B. Woodside, Judge. The second point raised on appeal is that the petition “does not state the value of the property destroyed,” and cites the foregoing oases to show a necessity for such allegation; but the trouble with those cases is, that wheye the court declares such averment necessary, the issue raised relates to personal property only. The case of Walker v. Ins. Co., 62 Mo. App. 200, cited further on, does refer to realty, but that case arose under the law of 1879, which permitted the company to rebuild, hence it was held that the inquiry…
1Opinion of the CourtBland, P. J.
The petition alleged, in substance, that the- defendant is a fire insurance company organized under the general insurance laws of this state; that on July 27, 1897, defendant insured plaintiffs dwelling house situated in the village- of Stoutland, Laclede county, against loss by fire for a term of six years in consideration of $36, then and there paid by plaintiffs and received by défendant; that on the thirty-first day of December, 1897, the building being still the property of plaintiffs and so insured, was wholly destroyed by fire, of which plaintiffs immediately gave written notice to…
2Cases cited4 opinions
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Williams v. Bankers & Merchants' Town Mutual Fire InsuranceMissouri Court of Appeals · 1898
- Baker v. Phœnix Assurance Co.Missouri Court of Appeals · 1894
- Murphy v. New York Bowery Fire InsuranceMissouri Court of Appeals · 1895
3Cited by4 opinions
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Springfield Fire Marine Ins. Co. v. HomewoodSupreme Court of Oklahoma · 1912
- Prather v. Connecticut Fire InsuranceMissouri Court of Appeals · 1915
- Turk v. Globe Farmers Town Mutual InsuranceMissouri Court of Appeals · 1915