Swearinger Bros. v. Pacific Fire Insurance
Missouri Court of Appeals
Appeal from the Randolph Circuit Court. — Hon. John A. Hockaday, Judge. (1) The policy sued upon in this action makes the award of appraisers as to the amount of loss or damage a condition precedent to a recovery. The court, therefore, erred in not directing the jury to find a verdict for defendant on account of plaintiffs’ failure or refusal to arbitrate. Murphy v. Ins. Co., 61 Mo. App. 323; McNees v. Ins. Co., 61 Mo. App. 335; KaJmwjeiler v. Ins. Co., 57 Fed.
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Appeal from the Randolph Circuit Court. — Hon. John A. Hockaday, Judge. (1) The policy sued upon in this action makes the award of appraisers as to the amount of loss or damage a condition precedent to a recovery. The court, therefore, erred in not directing the jury to find a verdict for defendant on account of plaintiffs’ failure or refusal to arbitrate. Murphy v. Ins. Co., 61 Mo. App. 323; McNees v. Ins. Co., 61 Mo. App. 335; KaJmwjeiler v. Ins. Co., 57 Fed. Rep. 562; Mossness v. Ins. Co., 50 Minn. 341; Hamilton v. Ins. Co., 136 IT. S. Sup. Ct. 242; Scott v. Avery, 5 H. L. Cas. 811; Lumber…
1Opinion of the CourtEllison, J.
This action is on a policy of fire insurance on a stock of merchandise, in which plaintiffs recovered judgment in the trial court.
The policy provided that in case of loss, the amount thereof should be determined by the parties; that if they could not agree, then the loss was to be determined by arbitration; that the amount thus determined should be paid within sixty days after such determination. The policy was, in all respects, similar to the policies in Murphy v. Ins. Co. and McNees v. Ins. Co., 61 Mo. App. 321, 335.
The petition declared that plaintiff had performed all the conditions of…
2Cases cited1 opinion
- City of St. Joseph ex rel. Danaher v. DillonMissouri Court of Appeals · 1895
3Cited by5 opinions
- Heuer v. John R. Thompson Co.Missouri Court of Appeals · 1952
- Vining v. Franklin Fire InsuranceMissouri Court of Appeals · 1901
- Model Dry Goods Co. v. North British & Mercantile InsuranceMissouri Court of Appeals · 1899
- Sullivan v. Germania Fire InsuranceMissouri Court of Appeals · 1901
- Siegel v. Insurance Co. of North AmericaNorth Dakota Supreme Court · 1928