Legal Opinion

Montgomery v. Lebanon Town Mutual Fire Insurance

Missouri Court of Appeals

Decided May 9, 1899PublishedCited by 8 opinions

Appeal from, the Webster Circuit Court. — Hon. Argus Cox, Judge. The appellant can only obtain relief on grounds of error made from abstract of record. Coy v.,Eobinson, 20 Mo. App. 462; Cuomo v. St. Joseph, 24 Mo. App. 570; Shaw & Co. v. Bryan, 39 Mo.

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Appeal from, the Webster Circuit Court. — Hon. Argus Cox, Judge. The appellant can only obtain relief on grounds of error made from abstract of record. Coy v.,Eobinson, 20 Mo. App. 462; Cuomo v. St. Joseph, 24 Mo. App. 570; Shaw & Co. v. Bryan, 39 Mo. App. 523. The appellate court looks alone to the abstract for its guidance and it stands in place of the record and the court will not-in such cases go into the record to fish out those matters necessary to a full understanding of questions presented for its decision. Hyoll v. Wolf, 22 Mo. App. 200; Merritt v. Central Trust Co., 46 Mo. App. 236;…

1Opinion of the Court

BIGGS, J.-

This is an action on a policy of fire insurance, which was alleged to have been issued by the defendant. The plaintiffs averred that the policy was burned; that they *503were'named as beneficiaries therein; that they were the joint owners of the land upon which the house was located and of the personal property insured; that the property was completely destroyed by fire during the life of the policy; that due proofs of loss had been furnished, and that the defendant had refused to pay the loss. Many defenses were interposed. The trial resulted in a verdict and judgment for plaintiff.…

2Cases cited15 opinions

  1. Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
  2. LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
  3. Breckinridge v. American Central InsuranceSupreme Court of Missouri · 1885
  4. Franklin v. Atlantic Fire InsuranceSupreme Court of Missouri · 1868
  5. Anthony v. German American InsuranceMissouri Court of Appeals · 1892

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3Cited by8 opinions

  1. Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
  2. Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
  3. Shotliff v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
  4. Meyer v. Phenix InsuranceMissouri Court of Appeals · 1902
  5. Bank of Kennett v. Cotton Exchange BankMissouri Court of Appeals · 1934

3 more not listed; retrieve them via the Exa API.

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