Shaver v. Mercantile Mutual Insurance
Missouri Court of Appeals
Appeal from the Clinton Circuit Court. — Hon. A. D. Burnes, Judge. This court in Wright v. Ins. Co., 73 Mo. App. 365, held that the point raised there, the same as our contention here, i. e..the failure of the petition to allege the value of the goods déstroyed at the time of the destruction was an objection properly raised and an omission which to plaintiff’s cause was fatal, that there should have been an allegation of the value of goods destroyed at the time of their…
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Appeal from the Clinton Circuit Court. — Hon. A. D. Burnes, Judge. This court in Wright v. Ins. Co., 73 Mo. App. 365, held that the point raised there, the same as our contention here, i. e..the failure of the petition to allege the value of the goods déstroyed at the time of the destruction was an objection properly raised and an omission which to plaintiff’s cause was fatal, that there should have been an allegation of the value of goods destroyed at the time of their destruction. Backing that up by like holdings in Story v. Ins. Co., 61 Mo. App. 534; Green v. Ins. Co., 69 Mo. App. 429; and…
1Opinion of the CourtEllison, J.
— The plaintiff brought this action on a policy of fire insurance, insuring plaintiff’s stock of goods and fixtures contained in a certain building. A demurrer to the petition was filed on the ground that it did not state a cause of action. The demurrer was overruled and defendant refusing to answer judgment was rendered for the plaintiff. This is the second appeal: 79 Mo. App. 420.
The grounds specified here in support of the demurrer are that the petition does not allege the value of the personal property at the time of the fire and that it does not allege what plaintiff’s loss was by reason…
2Cases cited2 opinions
- Boulware v. Farmers' & Laborers' Co-Operative InsuranceMissouri Court of Appeals · 1899
- Shaver v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1899