Summers v. Western Home Insurance
Missouri Court of Appeals
Appeal from the Mercer Circuit Court. — Hon. Gf. D. Burgess, Judge. (1) Appellant says that the change of venue should have been granted as prayed for.
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Appeal from the Mercer Circuit Court. — Hon. Gf. D. Burgess, Judge. (1) Appellant says that the change of venue should have been granted as prayed for. The affidavit therefor sets out the fact that the causes assigned (being those prescribed by the statute) existed, and that the knowledge of their existence first. came to defendant on the day such application was made, and that such application was made as soon after said knowledge was obtained as practicable, to-wit: The same day, being the eighteenth day of March, 1890. Under these circumstances, a notice to plaintiff would have been…
1Opinion of the CourtGill, J.
— On November 4, 1887, defendant issued to plaintiff a fire insurance policy on jjlaintiff’s one-story, double, frame store building at Summerset, Mercer county, Missouri, the period of insurance expiring November 4, 1888. The building was destroyed by fire on the first day of November, 1888. The company failing to pay, plaintiff brought this action; and in the circuit court, on a trial by jury, plaintiff had a verdict and judgment for $1,200, the amount named in the policy, together with interest thereon. Whereupon, after an unsuccessful motion for a new trial, defendant appealed to this…
2Cases cited7 opinions
- Phillips v. Protection InsuranceSupreme Court of Missouri · 1851
- McBride v. Republic Fire Ins.Wisconsin Supreme Court · 1872
- Okey v. State InsuranceMissouri Court of Appeals · 1888
- Erwin v. Springfield Fire & Marine InsuranceMissouri Court of Appeals · 1887
- Rathbone v. City Fire InsuranceSupreme Court of Connecticut · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Keet-Rountree Dry Goods Co. v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1903
- Hoffman v. Manufacturers' Accident Indemnity Co.Missouri Court of Appeals · 1894
- Keys v. National Council Knights & Ladies of SecurityMissouri Court of Appeals · 1913
- McCollum v. Niagara Fire InsuranceMissouri Court of Appeals · 1895
- Burgess v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
8 more not listed; retrieve them via the Exa API.