Haggard v. German Insurance
Missouri Court of Appeals
Appeal from the Webster Circuit Cou/rt. — Hon. W. I. Wallace, Judge. The court erred in refusing to give the instructions in the nature of a demurrer to the evidence asked by defendant at the close of all the evidence. The proofs of loss, furnished defendant by plaintiff, did not comply with the requirements of the policy, in that they did not bear the certificate of a magistrate as required by the policy.
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Appeal from the Webster Circuit Cou/rt. — Hon. W. I. Wallace, Judge. The court erred in refusing to give the instructions in the nature of a demurrer to the evidence asked by defendant at the close of all the evidence. The proofs of loss, furnished defendant by plaintiff, did not comply with the requirements of the policy, in that they did not bear the certificate of a magistrate as required by the policy. The condition that the assured shall procure the certificate of the nearest magistrate as to the honesty of the loss must be strictly complied with. Nooncmv. Ins. Co., 21 Mo. 81; Leigh v.…
1Opinion of the CourtBond, J.
— Plaintiff sued upon a policy of insurance covering his dwelling-house and other property, and alleged a destruction of the property so insured by fire *101on April 20, 1890, during the life of said policy, and' immediate notice of said loss to the defendant, and ample proof of said loss furnished defendant within thirty days thereafter. Defendant’s answer admitted the execution of the policy, denied the allegations of the petition as to the quantity and value of the property destroyed, averred that the fire was caused by the “act, fault and conduct” of the plaintiff, and denied that “within…
2Cases cited14 opinions
- Whitmore v. Supreme Lodge Knights & Ladies of HonorSupreme Court of Missouri · 1889
- Okey v. State InsuranceMissouri Court of Appeals · 1888
- Loeb v. American Central InsuranceSupreme Court of Missouri · 1889
- Erwin v. Springfield Fire & Marine InsuranceMissouri Court of Appeals · 1887
- Gale v. State InsuranceMissouri Court of Appeals · 1889
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3Cited by5 opinions
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- Keet-Rountree Dry Goods Co. v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1903
- Dautel v. Pennsylvania Fire InsuranceMissouri Court of Appeals · 1896
- Cornwell v. StateCourt of Criminal Appeals of Texas · 1910