Wolf v. Sun Insurance
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The petition fails to state fafets sufficient to constitute a cause of action. Ownership is nowhere alleged. Olevinger v. Ins. Co., 71 Mo. App. 73, and authorities cited. (2) If the plaintiff, “Frank Wolf, administrator,” derived his powers from a foreign jurisdiction he could not maintain this action.
Read the full summary
Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The petition fails to state fafets sufficient to constitute a cause of action. Ownership is nowhere alleged. Olevinger v. Ins. Co., 71 Mo. App. 73, and authorities cited. (2) If the plaintiff, “Frank Wolf, administrator,” derived his powers from a foreign jurisdiction he could not maintain this action. Naylor’s Adm’r v. Moffat, 29 Mo. 126; In re Estate Ames & Co., 52 Mo. 290; Morton v. Hatch, 54 Mo. 408; McPike v. McPike, 111 Mo. 216. (3) The matter set up in reply does not obviate this objection. Plaintiff is suing, not…
1Opinion of the Court
Ellison, J. —
*309AadmSistraetoSr" *308Plaintiff, as administrator of the estate of Lena Wolf, sued defendant and recovered judgment against it on a policy of fire insurance issued to Louis Rein. The policy had indorsed thereon the words: "Loss, if any, payable to Prank Wolf, administrator, as his interest may appear.” Plaintiff’s claim is based on the fact that his intestate had a deed of trust on the property insured, given by Rein. The answer denied that plaintiff was the legal administrator of the estate and denied that he was such administrator by virtue of the laws of Missouri and alleged that…
2Cases cited12 opinions
- McPike v. McPikeSupreme Court of Missouri · 1892
- Naylor's Administrator v. MoffattSupreme Court of Missouri · 1859
- Block v. DormanSupreme Court of Missouri · 1872
- In re Partnership Estate of Henry Ames & Co.Supreme Court of Missouri · 1873
- Kabrich v. State InsuranceMissouri Court of Appeals · 1892
7 more not listed; retrieve them via the Exa API.