Miller v. Insurance Co. of North America
Missouri Court of Appeals
Appeal from Stoddard Cicuit Court. — No». James L. Fort, Judge. (1) When respondent removed the property from the house in Dexter to the farmhouse outside of Dexter, the insurance thereon ceased and determined under the law, the location of the property insured being of the essence of the contract. The court should therefore have given appellant’s instructions numbered 1, 2 and 3, and rendered judgment in its favor. Griboney v. Ins. Co., 48 Mo. App. 184; Harris v. Ins.
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Appeal from Stoddard Cicuit Court. — No». James L. Fort, Judge. (1) When respondent removed the property from the house in Dexter to the farmhouse outside of Dexter, the insurance thereon ceased and determined under the law, the location of the property insured being of the essence of the contract. The court should therefore have given appellant’s instructions numbered 1, 2 and 3, and rendered judgment in its favor. Griboney v. Ins. Co., 48 Mo. App. 184; Harris v. Ins. Co., 53 Iowa 236; Wood on Insurance, 113, 114 and 115. (2) Under the terms of the policy, upon the removal of the property to…
1Opinion of the CourtBland, P. J.
On January 26, 1900, the defendant issued its policy of insurance to William Miller, whereby for a consideration of $36.50 to it paid, it insured said Miller’s property against loss or damage by fire for a term of five years as follows: Fifteen hundred dollars on his dwellinghouse situated in the city of Dexter; five hundred dollars on his household and kitchen furniture located and contained in said dwelling house, and two hundred dollars on his stable. After-wards, on May 29, 1902, William Miller, with the consent of the defendant company (indorsed on the back of the policy), assigned the…
2Cases cited3 opinions
- Giboney v. German InsuranceMissouri Court of Appeals · 1892
- Hoover v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1902
- Pabst Brewing Co. v. Union InsuranceMissouri Court of Appeals · 1895
3Cited by6 opinions
- The Buehler Corporation v. The Home Insurance CompanyCourt of Appeals for the Seventh Circuit · 1974
- McIntyre v. Liverpool, London & Globe InsuranceMissouri Court of Appeals · 1908
- Cookendorfer v. Pendleton Co. Farmers Fire Ins. Co.Court of Appeals of Kentucky (pre-1976) · 1941
- Shutts v. Milwaukee Mechanics InsuranceMissouri Court of Appeals · 1911
- Wilmurth v. National Liberty Insurance Co. of AmericaMissouri Court of Appeals · 1947
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