Gustin v. Concordia Fire Insurance
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) The petition does not state the value of the property. Eor aught we know or can know by the petition, the property might not be' worth ten cents, or it may be worth $100,000. The petition must state the value of the property in suits on policies of insurance. The value of the property is a constituted fact which must be alleged and proved.
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Transferred from Kansas City Court of Appeals. (1) The petition does not state the value of the property. Eor aught we know or can know by the petition, the property might not be' worth ten cents, or it may be worth $100,000. The petition must state the value of the property in suits on policies of insurance. The value of the property is a constituted fact which must be alleged and proved. If this is not proved, then the plaintiff has no cause of action against the defendant. A petition which fails to state the value of the property, fails to state a cause of action. Story v. Ins. Co., 61 Mo.…
1Opinion of the CourtGantt, J.
— This is an action on a fire insurance policy issued by the defendant company to plaintiff, whereby defendant insured plaintiff against loss by fire to the amount of four hundred dollars on his furniture, fixtures, pool and billiard tables, chairs, cues and racks, billiard balls, stoves, carpets, beds, and all such other articles contained in the one-story brick building occupied by plaintiff, and situatéd on lot 8, Riley’s subdivision, of the original town of Plattsburg, Missouri. The judgment of the circuit court was for the plaintiff and that judg- , ment was affirmed by the Kansas City…
2Cases cited6 opinions
- Quarrier v. Peabody Insurance Co.West Virginia Supreme Court · 1877
- International Bank v. Franklin CountySupreme Court of Missouri · 1877
- Jones v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1874
- Fowler v. . the New York Indemnity Insurance CompanyNew York Court of Appeals · 1863
- Coleman v. Phoenix InsuranceMissouri Court of Appeals · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Duckworth v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1970
- Gould v. MFA Mutual Insurance CompanyMissouri Court of Appeals · 1960
- Northwestern National Insurance v. Southern States Phosphate & Fertilizer Co.Court of Appeals of Georgia · 1917
- Inter-City Fire Protection District v. GambrelSupreme Court of Missouri · 1950
- Howerton v. Iowa State InsuranceMissouri Court of Appeals · 1904
8 more not listed; retrieve them via the Exa API.