Legal Opinion

S. E. Hanna & Co. v. Orient Insurance

Missouri Court of Appeals

Decided November 7, 1904PublishedCited by 5 opinions

Appeal from Johnson Circnit Court.—Hon. Wm. L. Jarrott, Judge. (1) The agent who solicited this insurance countersigned and delivered the policy and collected the premium, had authority to make a waiver and under the facts in this case waived the “iron-safe clause” and keeping of hooks. Bush v; Ins. Co., 85 Mo. App. 155; Trust Co. v. Ins. Co., 79 Mo. App. 362; RossLangford v. Ins. Co., 97 Mo. App. 87; Ormsby v. Ins. Co., 98 Mo. App. 371; Rickey v. Ins. Co., 79 Mo.

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Appeal from Johnson Circnit Court.—Hon. Wm. L. Jarrott, Judge. (1) The agent who solicited this insurance countersigned and delivered the policy and collected the premium, had authority to make a waiver and under the facts in this case waived the “iron-safe clause” and keeping of hooks. Bush v; Ins. Co., 85 Mo. App. 155; Trust Co. v. Ins. Co., 79 Mo. App. 362; RossLangford v. Ins. Co., 97 Mo. App. 87; Ormsby v. Ins. Co., 98 Mo. App. 371; Rickey v. Ins. Co., 79 Mo. App. 485; James v. Ins. Co., 148 Mo. 1. (2) Under section 7979, Revised Statutes 1889, this was and is a valued policy, and the…

1Opinion of the CourtSmith, P. J.

This is an action which was brought on a fire insurance policy insuring a stock of merchandise in the sum of $800'. The answer admitted the issue of the policy, the payment of the premium, the fire and the loss. It denied all liability and especially pleaded a condition of the policy commonly known as the “iron-safe clause” to the effect that, “the assured under the policy hereby covenants and warrants to keep a set of books, showing a complete record of business transacted including all purchases and sales, both for credit and cash, together with the last inventory of stock insured; and…

2Cases cited7 opinions

  1. Dolan v. Missouri Town Mutual Fire InsuranceMissouri Court of Appeals · 1900
  2. Gibson v. Missouri Town Mutual Ins.Missouri Court of Appeals · 1900
  3. Schultz v. Merchants' InsuranceSupreme Court of Missouri · 1874
  4. White v. Merchants' InsuranceMissouri Court of Appeals · 1902
  5. Kern v. South St. Louis Mutual InsuranceSupreme Court of Missouri · 1867

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Smith v. American Automobile InsuranceMissouri Court of Appeals · 1915
  2. Connecticut Fire Ins. v. ManningCourt of Appeals for the Eighth Circuit · 1908
  3. Rudd v. American Guarantee Fund Mutual Fire InsuranceMissouri Court of Appeals · 1906
  4. Crossan v. Pennsylvania Fire InsuranceMissouri Court of Appeals · 1908
  5. Hearsh v. German InsuranceMissouri Court of Appeals · 1908

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