Century Realty Co. v. Frankfort Marine Accident & Plate Glass Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. The court erred in giving the peremptory instruction to the jury to find a verdict in favor of plaintiff and against defendant, Frankfort Insurance Company, in the sum of $6753.40’ with interest from June 25, 1910. (a) Because the policy of the Frankfort Insurance Company was a contract of indemnity against loss and the Frankfort Insurance Company was not liable to the Century Realty Company in any…
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. The court erred in giving the peremptory instruction to the jury to find a verdict in favor of plaintiff and against defendant, Frankfort Insurance Company, in the sum of $6753.40’ with interest from June 25, 1910. (a) Because the policy of the Frankfort Insurance Company was a contract of indemnity against loss and the Frankfort Insurance Company was not liable to the Century Realty Company in any amount, until the Century Realty Company sustained a loss. But when such loss was sustained, the limit of liability of the…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— While all three of the cases were briefed and argued together before us, the case now to be considered relates to the appeal of the Frankfort Marine Accident & Plate G-lass Insurance Company, but in consideration of that we are compelled, in a measure, to consider the position of the Travelers Insurance Company also, more incidentally, however, than directly.
Taking up this Frankfort case, counsel for that company, the appellant here, make two assignments of error. First, that the court erred in giving the peremptory instruction for a verdict in favor of plaintiff…
2Cases cited20 opinions
- Connolly v. BolsterMassachusetts Supreme Judicial Court · 1905
- Anoka Lumber Co. v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1895
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Rumford Falls Paper Co. v. Fidelity & Casualty Co.Supreme Judicial Court of Maine · 1899
- Davison v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1908
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3Cited by14 opinions
- Ocean Accident & Guarantee Corp. v. Southwestern Bell Telephone Co.Court of Appeals for the Eighth Circuit · 1939
- Fluor Corporation v. Super. Ct.California Supreme Court · 2015
- Hocken v. Allstate InsuranceMissouri Court of Appeals · 1941
- Ravenswood Hospital v. Maryland Casualty Co.Illinois Supreme Court · 1917
- United States Fire Ins. Co. v. SmithSupreme Court of Alabama · 1935
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