Rosenheim v. America Insurance
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. Tlie facts are sufficiently stated in the opinion of the court. The instructions given and refused were as follows; By the court, of its own motion : “ The court instructs the jury that, if the grounding of the steamer Belfast was a fact that would have tended to influence the defendant’s estimate of the character and degree o£ the risk it was about to assume ; that is, if it was a fact the knowledge of which would naturally and…
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Appeal from St. Louis Court of Common Pleas. Tlie facts are sufficiently stated in the opinion of the court. The instructions given and refused were as follows; By the court, of its own motion : “ The court instructs the jury that, if the grounding of the steamer Belfast was a fact that would have tended to influence the defendant’s estimate of the character and degree o£ the risk it was about to assume ; that is, if it was a fact the knowledge of which would naturally and directly have tended either to prevent the defendant from taking the risk, or to induce it to charge a higher rate of…
1Opinion of the CourtDryden, Judge
This was an action on a marine policy of insurance. By the terms of the contract the defendant [appellant] was to insure the goods of the plaintiffs, shipped, or to be shipped, from New Orleans to St. Louis on good steamboats, the shipments being reported to the defendant and endorsed on the policy. The defendant relied upon two grounds of defence:
1. That, at the time of application for the insurance, the *234plaintiffs concealed from the defendant facts material to the risk; and,
2. That at the time of the application the steamboat on which the shipment was made was unseaworthy.
A trial was had,…
2Cited by9 opinions
- Rush v. FrenchArizona Supreme Court · 1874
- Keim v. Union Railway & Transit Co.Supreme Court of Missouri · 1886
- Longan v. WeltmerSupreme Court of Missouri · 1904
- Coughlin v. HaeusslerSupreme Court of Missouri · 1872
- Gutridge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
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