Ideal Pump & Manufacturing Co. v. American Central Insurance
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Now. Fred _ Lamb, Judge. (1) Parol evidence was inadmissible to show what was intended to be included in the policy, or to add to, contradict, or vary its terms. The suit is upon tbe policy of insurance, and plaintiff — in this form of action — is concluded by the writing.
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Appeal from Sullivan Circuit Court. — Now. Fred _ Lamb, Judge. (1) Parol evidence was inadmissible to show what was intended to be included in the policy, or to add to, contradict, or vary its terms. The suit is upon tbe policy of insurance, and plaintiff — in this form of action — is concluded by the writing. It was error to permit witnesses to testify to conversations with defendant’s agent at the time the policy of insurance was taken out and also after the fire. 1 Cooley’s Briefs, 745-46; Ferguson v. Lumber Men’s Ins. Co., 88 Pac. (Wash.) 128; Sanders v. Cooper, 115 N. Y. 279; Meriwether…
1Opinion of the CourtEllison, J.
Plaintiff was the owner of property upon which and within which it manufactured riekers. It took out a fire insurance policy, and there*569after a loss occurred which defendant declined to pay and this action followed. The judgment in the trial court was for plaintiff.
The question which the record presents for decision is whether the property burned was covered by the insurance. The descriptive clauses of the policy read as follows:
“$700 — On one-story frame building, with shingle roof and its additions, adjoining and communicating, including foundations, occupied as a factory for the…
2Cases cited8 opinions
- Laclede Construction Co. V. T. J. Moss Tie Co.Supreme Court of Missouri · 1904
- Leonard v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1893
- Sedalia Brewing Co. v. Sedalia Water Works Co.Missouri Court of Appeals · 1889
- Rice v. SmithMississippi Supreme Court · 1894
- Tetley v. McElmurrySupreme Court of Missouri · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ebert v. Millers Mutual Fire InsuranceCourt of Appeals of Maryland · 2001
- Globe & Rutgers Fire Insurance v. HamiltonIndiana Court of Appeals · 1917
- Gertner v. Glens Falls InsuranceAppellate Division of the Supreme Court of the State of New York · 1920
- Old Colony Ins. Co. v. HardawayCourt of Appeals of Texas · 1929
- Smith v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1919
5 more not listed; retrieve them via the Exa API.