Farmers Bank v. Manchester Assurance Co.
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Ho». David H. Eby, Judge. (1) The court erred in allowing policy of insurance, “Exhibit A” (No. 2462847) to be received in evidence because it failed to prove tbe contract alleged. There is but one cause of action, though several different items of property are damaged or destroyed. Rissler v. Ins.
Read the full summary
Appeal from Pike Circuit Court. — Ho». David H. Eby, Judge. (1) The court erred in allowing policy of insurance, “Exhibit A” (No. 2462847) to be received in evidence because it failed to prove tbe contract alleged. There is but one cause of action, though several different items of property are damaged or destroyed. Rissler v. Ins. Co., 150 Mo. 373. (2) The petition, under a suit based on “Exhibit A,” should have set up what other insurance existed on the property, or negative the existence of any other insurance thereon. Coates v. Ins. Co., 30 Pac. 404. (3) “Exhibit A” is not the same…
1Opinion of the CourtReyburn, J.
(after stating the facts). — 1. The position of defendant in this case and the theory of the defense presented were that the plaintiffs set forth in their complaint one cause of action and were permitted to recover upon proof of a cause of action entirely different from that pleaded; that the contract averred by plaintiff was especially an absolute promise to pay the sums of money therein specified, while the evidence relied on, namely, the insurance policy, exhibited a conditional contract. In the admissions of fact made, the right was reserved of objecting to the admission of any such facts…
2Cases cited29 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
24 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Mechanics' Ins. Co. of Philadelphia v. C. A. Hoover Distilling Co.Court of Appeals for the Eighth Circuit · 1910
- Florea v. Iowa State InsuranceMissouri Court of Appeals · 1930
- Hensler v. StixMissouri Court of Appeals · 1905
- Propst v. Capital Mutual Ass'nMissouri Court of Appeals · 1939
7 more not listed; retrieve them via the Exa API.