Norman v. Missouri Town Mutual Fire, Lightning, Tornado, Cyclone & Windstorm Insurance
Missouri Court of Appeals
Appeal from the Gentry Circuit Court. — -Hon. Cyrus A. Anthony, Judge. (1) Where there is any evidence tending to establish the allegations of the petition, the court can not withdi’aw the case from the jury and peremptorily instruct them to find for the defendant, as the trial court did in this case. Cook v. R’y, 63 Mo. 397; Kelley v. R’y, 70 Mo. 609; Okey v. Ins. Co., 29 Mo. App. Ill; Higgins v. R’y, 43 Mo. App. 552; Patterson v. R’y, 47 Mo.
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Appeal from the Gentry Circuit Court. — -Hon. Cyrus A. Anthony, Judge. (1) Where there is any evidence tending to establish the allegations of the petition, the court can not withdi’aw the case from the jury and peremptorily instruct them to find for the defendant, as the trial court did in this case. Cook v. R’y, 63 Mo. 397; Kelley v. R’y, 70 Mo. 609; Okey v. Ins. Co., 29 Mo. App. Ill; Higgins v. R’y, 43 Mo. App. 552; Patterson v. R’y, 47 Mo. App. 570; Wolf v. Campbell 110 Mo. 120; Gregory v. Chambers, 78 Mo. 298; Mackin v. R’y, 45 Mo. App. 82; Price v. Barnard, 65 Mo. App. 649; Jacobs v.…
1Opinion of the CourtGill, J.
Statement, — This is an action on a fire insurance policy, the defense being that at the time the building was destroyed the same was vacant con- . trary to a condition of the policy which provided that “as soon as buildings become vacant the insurance shall be void.” At the close of the evidence the trial court gave an instruction directing a verdict for defendant; thereupon plaintiff took a nonsuit with leave, and the court refusing 'afterward to set the same aside, plaintiff appealed to this court.
The decisive question is, was the building vacant when destroyed. The structure was a two…
2Cases cited3 opinions
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- Cooks v. Continental InsuranceSupreme Court of Missouri · 1879
- Wheeler v. Phœnix InsuranceMissouri Court of Appeals · 1893
3Cited by7 opinions
- Florea v. Iowa State InsuranceMissouri Court of Appeals · 1930
- Bledsoe v. Farm Bureau Mutual Insurance Co.Missouri Court of Appeals · 1960
- Drummond v. Hartford Fire Insurance CompanyMissouri Court of Appeals · 1960
- Schoeneman v. Hartford Fire InsuranceOregon Supreme Court · 1928
- Walton v. Phoenix InsuranceMissouri Court of Appeals · 1911
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