Barnard v. National Fire Insurance
Missouri Court of Appeals
Appeal from the Buehanan Circuit Court. — Hon. O..M. Spencer, Judge. (1) The policy purported to insure Daniel Ransom against loss by fire “ on his two-story, brick, shingle-roof building.”
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Appeal from the Buehanan Circuit Court. — Hon. O..M. Spencer, Judge. (1) The policy purported to insure Daniel Ransom against loss by fire “ on his two-story, brick, shingle-roof building.” The acceptance of the policy thus worded, with the condition therein that ‘ ‘ if the assured is not the sole, entire and unconditional owner of the property insured, and (if a building is insured) of the land on which the building stands, by a sole, unconditional and entire ownership' and title in fee simple, * * * without being specified in the written portion of said policy, * * * then and in every such…
1Opinion of the Court
Ellison, J. —
This cause is here for the second time, and will be found reported in 27 Mo. App. 26.
Before the last trial plaintiff filed an amended reply whereby the issue is made that notwithstanding the conditions of the policy as to the true state of the title being stated, and as to further insurance, that defendant’s agent had knowledge as to the true state of the title and of the additional insurance. That notwithstanding such knowledge as to the title defendant issued the policy to plaintiff. That plaintiff’s vendee, Sheldon, having put up additions to the property, informed the agent…
2Cases cited11 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Oshkosh Gas Light Co. v. Germania Fire InsuranceWisconsin Supreme Court · 1888
- Reilly v. Franklin Insurance Co. of St. LouisWisconsin Supreme Court · 1877
- Breckinridge v. American Central InsuranceSupreme Court of Missouri · 1885
- Hamilton v. Home InsuranceSupreme Court of Missouri · 1887
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3Cited by20 opinions
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Parsons v. Knoxville Fire InsuranceSupreme Court of Missouri · 1896
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Anthony v. German American InsuranceMissouri Court of Appeals · 1892
- Murphy v. Northern British & Mercantile Co.Missouri Court of Appeals · 1895
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