Terti v. American Insurance
Missouri Court of Appeals
Appeal from the Jacltson Circuit Court. — Hon. John W. Heney, Judge. n.) The petition is fatally defective in that it nowhere alleges upon what contingency the indemnity sued for became due or that same was due at the commencement of suit. Wright v. Ins. Co., 73 Mo. App. 365. Demand was made upon three different occasions by letter for a compliance with the stipulation in relation to invoices and preservation of the damaged goods, but no attention was paid thereto.
Read the full summary
Appeal from the Jacltson Circuit Court. — Hon. John W. Heney, Judge. n.) The petition is fatally defective in that it nowhere alleges upon what contingency the indemnity sued for became due or that same was due at the commencement of suit. Wright v. Ins. Co., 73 Mo. App. 365. Demand was made upon three different occasions by letter for a compliance with the stipulation in relation to invoices and preservation of the damaged goods, but no attention was paid thereto. The only thing that has ever been held to excuse a compliance with this policy condition is where the goods are so damaged by…
1Opinion of the CourtGill, J.
This action originated in a justice’s court and is based on an insurance policy covering a stock’ of goods contained in a store room adjoining which a fire occurred and the other building was destroyed. The goods were damaged by smoke from the burned building. Plaintiff had a verdict and judgment below in the sum of $263.75 and defendant appealed.
J"tateCment?°súf-: ficiency of. It is first objected that the petition or complaint filed before the justice of the peace is insufficient. Defendant’s counsel can hardly be serious in this con tention. Since the suit was instituted in a justice’s…
2Cases cited1 opinion
- Porter v. German-American InsuranceMissouri Court of Appeals · 1895
3Cited by3 opinions
- Dalton v. United Railways Co.Missouri Court of Appeals · 1908
- Jabin v. National Accident Society of New YorkMissouri Court of Appeals · 1931
- Lucas v. CellaMissouri Court of Appeals · 1905