Walton v. Phoenix Insurance
Missouri Court of Appeals
Appeal from St. Francois Circuit Court. — Hon. Charles A. Killian, Judge. (1) The evidence is undisputed, the house was vacant and unoccupied-for ten days before the fire. The court by instructions given, recognized the provision of the policy that if the property became vacant and unoccupied and so remained for ten days the insurance should be void, as valid, and the law of the case, and upon that theory should have sustained the demurrer to the evidence. Hoover v. Ins.
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Appeal from St. Francois Circuit Court. — Hon. Charles A. Killian, Judge. (1) The evidence is undisputed, the house was vacant and unoccupied-for ten days before the fire. The court by instructions given, recognized the provision of the policy that if the property became vacant and unoccupied and so remained for ten days the insurance should be void, as valid, and the law of the case, and upon that theory should have sustained the demurrer to the evidence. Hoover v. Ins. Co., 93 Mo. App. Ill; Cook v. Ins. Co., 70 Mo. 610; Craig v. Ins. Co., 34 Mo. App. 481. (2) The policy became void when the…
1Opinion of the CourtReynolds, P. J.
Plaintiff Walton, then the owner of a house and lot in Frankclay, St. Francois county, sold and conveyed it to one Wheeling, and for all or part of the purchase money took back a deed of trust on the same property, the deed being evidenced by thirty-three notes executed by Wheeling. Walton desired to raise $500 on these notes and submitted the proposed loan to the Irondale Bank, of which one Adams was cashier. Adams was also, at that time and place, agent of the Phoenix Insurance Company, the defendant and appellant here. When Walton applied for the loan Adams, after consultation with the…
2Cases cited8 opinions
- Millis v. Scottish Union & National InsuranceMissouri Court of Appeals · 1902
- Harness v. National Fire InsuranceMissouri Court of Appeals · 1895
- Hoover v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1902
- Rudd v. American Guarantee Fund Mutual Fire InsuranceMissouri Court of Appeals · 1906
- Hubbard v. North British & Mercantile InsuranceMissouri Court of Appeals · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Florea v. Iowa State InsuranceMissouri Court of Appeals · 1930
- Bledsoe v. Farm Bureau Mutual Insurance Co.Missouri Court of Appeals · 1960
- Canfield v. NewmanCourt of Appeals of Texas · 1924
- Drummond v. Hartford Fire Insurance CompanyMissouri Court of Appeals · 1960
- Stark v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1913
8 more not listed; retrieve them via the Exa API.