Best v. German Insurance
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E, L. Scarritt, Judge. (1) Where there is no proof of loss, as the defendant claims there is not in this case, or if there was a proof of loss, whether it was sufficient or not, is a question for the court, and it is the duty of the court to take the case from the jury unless a waiver has been shown. Sheehan v. Ins. Co., 58 Mo. App. 351 at 356, 357; Maddox v. Ins. Co., 56 Mo. App. 343, 347; Gould v. Ins.
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Appeal from the Jackson Circuit Court. — Hon. E, L. Scarritt, Judge. (1) Where there is no proof of loss, as the defendant claims there is not in this case, or if there was a proof of loss, whether it was sufficient or not, is a question for the court, and it is the duty of the court to take the case from the jury unless a waiver has been shown. Sheehan v. Ins. Co., 58 Mo. App. 351 at 356, 357; Maddox v. Ins. Co., 56 Mo. App. 343, 347; Gould v. Ins. Co., 90 Mich. 302; s. c., 51 N. W. Rep.455, and 52 N. W. Rep. 754; Ehrlich v. Ins. Co., 103 Mo. 231, at 245|. (2) The only evidence (if any) that…
1Opinion of the Court
Ellison, J
J.&wkey;This is an action on a fire insurance policy covering plaintiff’s residence and some personal' property, for loss occurring August 21, 1894. The judgment below was for plaintiff.
NPSroofsNof loss: evidence: practice. The main defense to the policy consists in two points: One that plaintiff had not made proofs of loss as required by the policy, within thirty days; the other, that he made a false warranty . " as to the amount of incumbrance on the real estate at the time of taking the policy.
As to the first defense, we are satisfied the court did right in refusing defendant’s…
2Cases cited2 opinions
- Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
- Cromwell v. Phœnix InsuranceMissouri Court of Appeals · 1891
3Cited by4 opinions
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- Navajo-Apache Bank & Trust Co. v. WakefieldArizona Supreme Court · 1919
- Collins v. HooverMissouri Court of Appeals · 1920
- Jacobs v. National Accident & Health InsuranceSupreme Court of Vermont · 1930