Baker v. Phœnix Assurance Co.
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Eield, Judge. (1) Under the petition, there being but one count, the only question that could properly be submitted to the court was as to whether or not the appraisal should be set aside; and the court properly held that the evidence should be confined to that issue. 'McHoney v. Ins. Co., 44 Mo. App. 426; Steinberg v. Ins. Co., 49 Mo. App. 255, 265; McHoney v. Ins. Co., 52 Mo. App. 94; Ice Co. v. Ins. Co., 31 Barb.
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Appeal from the Saline Circuit Court. — Hon. Richard Eield, Judge. (1) Under the petition, there being but one count, the only question that could properly be submitted to the court was as to whether or not the appraisal should be set aside; and the court properly held that the evidence should be confined to that issue. 'McHoney v. Ins. Co., 44 Mo. App. 426; Steinberg v. Ins. Co., 49 Mo. App. 255, 265; McHoney v. Ins. Co., 52 Mo. App. 94; Ice Co. v. Ins. Co., 31 Barb. (N. T.) 72. (2) Plaintiff’s evidence failed to show any fraud in the selection of defendant’s appraiser or in his conduct…
1Opinion of the CourtSmith, P. J.
— This is an action on a fire insurance policy. It is rather difficult to determine from the .petition, which is too lengthy to be here set forth, whether the plaintiff intended to state a cause of action at- law or in equity. It sets forth the policy according to its legal effect, states the property covered by it was totally destroyed by fire; that notice of the loss was given followed by proofs thereof as required by the policy, etc. There is a prayer for judgment for the amount of the policy.
There are also inserted in the petition several allegations to the effect that after the fire the…
2Cases cited3 opinions
- Barnard v. National Fire InsuranceMissouri Court of Appeals · 1889
- Holland v. JohnsonSupreme Court of Missouri · 1883
- Ohnsorg v. TurnerMissouri Court of Appeals · 1883
3Cited by6 opinions
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Murphy v. Northern British & Mercantile Co.Missouri Court of Appeals · 1895
- McCollum v. Liverpool, London & Globe InsuranceMissouri Court of Appeals · 1896
- Springfield Fire Marine Ins. Co. v. HomewoodSupreme Court of Oklahoma · 1912
- Marshal v. American Guarantee Mutual Fire InsuranceMissouri Court of Appeals · 1899
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