State ex rel. Arel v. Farrington
Supreme Court of Missouri
Certiorari. (1) The statement, claiming damage of $750 on account of the iron boiler because the laundry plant was rendered useless by the. fire, is a mere conclusion from facts known by the insurer through personal inspection by its agents in company with the insured, before the proofs of loss were executed, and did not and could not deceive the insurer.
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Certiorari. (1) The statement, claiming damage of $750 on account of the iron boiler because the laundry plant was rendered useless by the. fire, is a mere conclusion from facts known by the insurer through personal inspection by its agents in company with the insured, before the proofs of loss were executed, and did not and could not deceive the insurer. Arel derived and could derive no advantage from it, and the insurance company received and could receive no detriment from-it. In any.event it is the province of the jury to say whether the statement was the honest assertion of an erroneous…
1Opinion of the Court
ROY, C.
This is a proceeding by certiorari originating in this court, having for its object the quashing of the judgment of the Springfield Court of Appeals in the case of N. A. Arel and the Drovers Bank of Springfield v. First National Fire Insurance Company, reported in 195 Mo. App. 165, and in 190 S. W. 78. This proceeding does not in any way affect the rights of said Bank.
The suit above mentioned was brought on' a policy of fire insurance issued to Arel on the machinery and other personal property of a laundry owned and operated by him in the city of Springfield, subject to a chattel…
2Cases cited4 opinions
- Marion v. Great Republic InsuranceSupreme Court of Missouri · 1864
- State ex rel. Hays v. RobertsonSupreme Court of Missouri · 1917
- Arel v. First National Fire InsuranceMissouri Court of Appeals · 1916
- Schulter v. Merchants' Mutual InsuranceSupreme Court of Missouri · 1876
3Cited by5 opinions
- State Ex Rel. Kansas City Southern Railway Co. v. ShainSupreme Court of Missouri · 1937
- Gould v. MFA Mutual Insurance CompanyMissouri Court of Appeals · 1960
- State Ex Rel. Union Pac. Railroad Co. v. BlandSupreme Court of Missouri · 1930
- State ex rel. Commonwealth Trust Co. v. ReynoldsSupreme Court of Missouri · 1919
- Niehaus v. Central Manufacturers' Mutual Insurance Co.Supreme Court of Missouri · 1956