Model Dry Goods Co. v. North British & Mercantile Insurance
Missouri Court of Appeals
Appeal from the Greene Circuit Court■ — Hon. James T. Neville, Judge. At 8 o’clock a. m. on August -1, when Yates notified Levy that defendant refused to be bound by the appraisal, the company made its election about taking the goods at their appraised value and' refused them. That exhausted the option. An election is the right of choice between two or more steps by a person not entitled to all and when once made is final. Bishop on Contracts, 781, 784; 6 Am. and Eng. Ency.
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Appeal from the Greene Circuit Court■ — Hon. James T. Neville, Judge. At 8 o’clock a. m. on August -1, when Yates notified Levy that defendant refused to be bound by the appraisal, the company made its election about taking the goods at their appraised value and' refused them. That exhausted the option. An election is the right of choice between two or more steps by a person not entitled to all and when once made is final. Bishop on Contracts, 781, 784; 6 Am. and Eng. Ency. Law, 181 Ed., p. 254; Ostrander on Insurance, p. 278; Til. Live Stock Co. v. Baker, 153 111. 240. The notification was a…
1Opinion of the CourtBiggs, J.
The plaintiff’s stock of goods was insured against loss or damage by fire in seventeen insurance companies, among which was the defendant company. During the lives of the policies, to wit, July 15, 1897, the property was damaged by fire. The policy issued by the defendant provides that in case of disagreement as to the amount of the loss, each party should select an arbitrator, and if they disagreed, a third arbitrator was to be selected by them. A few days after the loss the adjusters- of the various companies visited the city of Springfield, the plaintiff’s place of business, and a…
2Cases cited1 opinion
- Swearinger Bros. v. Pacific Fire InsuranceMissouri Court of Appeals · 1896
3Cited by4 opinions
- Kent & Purdy Paint Co. v. Aetna InsuranceMissouri Court of Appeals · 1912
- Prather v. Connecticut Fire InsuranceMissouri Court of Appeals · 1915
- Marblestone Co. v. Phoenix Assurance Co., Ltd.Supreme Court of Minnesota · 1926
- Siegel v. Insurance Co. of North AmericaNorth Dakota Supreme Court · 1928