Reithmuller v. Fire Ass'n
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Yinton Pike, Special Judge. (1) It was error to refuse to Instruct the jury, at the close of plaintiff ’ s case in chief, to find for defendant. (a) The answer sets up the defense of other and additional insurance held by plaintiff, not permitted by the policy sued on.
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Appeal from the Buchanan Circuit Court. — Hon. Yinton Pike, Special Judge. (1) It was error to refuse to Instruct the jury, at the close of plaintiff ’ s case in chief, to find for defendant. (a) The answer sets up the defense of other and additional insurance held by plaintiff, not permitted by the policy sued on. The reply admits that plaintiff did have and hold other insurance, and set up as an avoidance that the defendant waived such insurance, and the endorsement of said additional insurance on said policy. (b) Plaintiff introduced no evidence of any such waiver. Hence the policy sued on…
1Opinion of the Court
Smith, P. J. —
Plaintiffs, husband and wife, commenced their suit against defendant in the circuit court of Buchanan county, on a certain policy of insurance. The petition alleged in the first count that defendant executed to Louise Reithmuller its policy of insurance, *120on the thirteenth of October, 1881, by which defendant insured her for one year in the sum of one thousand dollars, against loss or damage by fire, on her stock of millinery goods. That, on February 20, 1882, said goods were damaged by fire to the amount of thirty-one hundred and forty dollars, and that notice of said fire was…
2Cases cited13 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
- Franklin v. Atlantic Fire InsuranceSupreme Court of Missouri · 1868
- Pelkington v. National InsuranceSupreme Court of Missouri · 1874
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Winger v. General American Life Insurance CompanySupreme Court of Missouri · 1961
- Firemen's Ins. v. SmithDistrict Court, W.D. Missouri · 1949
- Dean v. Fire Ass'nMissouri Court of Appeals · 1896
- Winger v. General American Life Insurance CompanySupreme Court of Missouri · 1961