Cromwell v. Phœnix Insurance
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Rots. J. A. Hockaday, Judge. (1) Proof of tlie mailing of a letter properly stamped, and addressed does not authorize the presumption of its delivery. The copy of the alleged letter from Gentry toT. R. Burch, general agent, should have been excluded.
Read the full summary
Appeal from the Boone Circuit Court. — Rots. J. A. Hockaday, Judge. (1) Proof of tlie mailing of a letter properly stamped, and addressed does not authorize the presumption of its delivery. The copy of the alleged letter from Gentry toT. R. Burch, general agent, should have been excluded. (2) Plaintiff’s third instruction practically authorizes the jury to find that proof of the mailing in the United States post-office in Columbia of a letter properly addressed and stamped is sufficient to show its delivery at Chicago to the general agent of defendant, in the face of his direct testimony that…
1Opinion of the CourtGill, J.
On January 9, 1890, plaintiff Cromwell had a policy of insurance of $500 executed by the defendant Phcenix Insurance Gompany on a farmhouse near Columbia in Boone county. Said policy expired by its terms, November 10, 1891. On said January 9, plaintiff took out another and further policy in the like sum of $500 in the Orient Insurance Company. On March 24, 1890, the building was destroyed by fire. In proper time-notice of loss was given and due proofs made, but defendant refused to pay on the policy, and on the sole ground of other insurance, without notice to and consent of defendant. In the…
2Cases cited1 opinion
- Hamilton v. Home InsuranceSupreme Court of Missouri · 1887
3Cited by10 opinions
- Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898
- German American Insurance v. HymanSupreme Court of Colorado · 1908
- Parsons v. Knoxville Fire InsuranceSupreme Court of Missouri · 1896
- Anthony v. German American InsuranceMissouri Court of Appeals · 1892
- Burnham, Hanna, Munger & Co. v. Greenwich InsuranceMissouri Court of Appeals · 1895
5 more not listed; retrieve them via the Exa API.