Legal Opinion

Hackett Bros. v. Philadelphia Underwriters

Missouri Court of Appeals

Decided February 20, 1899PublishedCited by 5 opinions

Error to the Pettis Circuit Court. — Hon. Gr. E. Longan, Judge. (1) The working of mechanics in the building without the consent of the company avoided- the policy. 7 Am. and Eng. Ency. of Law, p.1039; Richards on Ins., p. 152; Kern v. Ins. Co., 40 Mo. 19; Ins. Co. v. Coos Co., 151 IT. S. 452; Gardner v. Ins. Co., 38 Me. 439; Erost D. L. & W. Works v. Ins. Co., 17 Ins. Law J. 50; Curry v. Ins.

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Error to the Pettis Circuit Court. — Hon. Gr. E. Longan, Judge. (1) The working of mechanics in the building without the consent of the company avoided- the policy. 7 Am. and Eng. Ency. of Law, p.1039; Richards on Ins., p. 152; Kern v. Ins. Co., 40 Mo. 19; Ins. Co. v. Coos Co., 151 IT. S. 452; Gardner v. Ins. Co., 38 Me. 439; Erost D. L. & W. Works v. Ins. Co., 17 Ins. Law J. 50; Curry v. Ins. Co., 10 Pick. 535. (2) The building being vacant and unoccupied, the policy was avoided. Cook v. Ins. Co., 70 Mo. 610; Wheeler v. Ins. Co., 53 Mo. App. 446; Sprague v. Ins. Co., 49 Mo. App. 423; Craig…

1Opinion of the CourtEllison, J.

This is an action on two policies of fire insurance, the petition stating a case on each policy in separate counts. The judgment below was for plaintiff.

Pleading: answer: amendment The defendant filed an answer setting up several matters of defense, among them being that the property was vacant when insured and afterwards; that it was not completed when insured and that workmen and mechanics were engaged at work therein afterwards. All being contrary to the terms and conditions of the policy. After-wards an amended answer was filed in which these defenses (which are relied on here) were…

2Cases cited8 opinions

  1. Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
  2. Cooks v. Continental InsuranceSupreme Court of Missouri · 1879
  3. Hill v. Meyer Brothers' Drug Co.Supreme Court of Missouri · 1897
  4. Pope v. RamseyMissouri Court of Appeals · 1899
  5. McCollum v. Hartford Fire InsuranceMissouri Court of Appeals · 1896

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Rudd v. American Guarantee Fund Mutual Fire InsuranceMissouri Court of Appeals · 1906
  2. Cramer v. Springfield Traction Co.Missouri Court of Appeals · 1905
  3. Fullerton Lumber Co. v. CalhounMissouri Court of Appeals · 1901
  4. Heindselman v. Home Insurance Co.Missouri Court of Appeals · 1955
  5. Scarritt Estate Co. v. Casualty Co. of AmericaMissouri Court of Appeals · 1912

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