J. M. Anderson & Co. v. Stapel
Missouri Court of Appeals
Appeal from the Atchison Circuit Court. — Hon. O. A. Anthony, Judge. (1) The court below erred in refusing to strike out parts of defendant’s answer and in overruling objection to evidence of fraud as against the insurance company, and also in not sustaining the motion in arrest, for the reason that this defendant in a personal suit against him can not set up the alleged fraud against an outside third party, the insurance company in this case.
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Appeal from the Atchison Circuit Court. — Hon. O. A. Anthony, Judge. (1) The court below erred in refusing to strike out parts of defendant’s answer and in overruling objection to evidence of fraud as against the insurance company, and also in not sustaining the motion in arrest, for the reason that this defendant in a personal suit against him can not set up the alleged fraud against an outside third party, the insurance company in this case. Sauter v. Leveridge, 103 Mo. .615-620; Grand River College v. Robertson, 72 Mo. App. 7. (2) That this was the personal check of defendant will perhaps…
1Opinion of the CourtSmith, P. J.
Statement. On the first day of April, 1896, the “Missouri Town Mutual Fire, Lightning, Tornado, Cyclone and Windstorm Insurance Company, of Bock Port,” in this state, issued a fire insurance policy to one W. H. _ * . Dormeyer; lor $2; 5 00 on ms stock of goods. On May 28, following, the said stock of goods was partly destroyed by fire.
*119The insurance company on receiving notice of the fire authorized the defendant, who was the secretary, to visit the place where the fire occurred and to investigate the matter and ascertain whether it was liable for the loss, if any there was, and to settle the…
2Cases cited11 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Fuggle v. HobbsSupreme Court of Missouri · 1868
- Ely v. PorterSupreme Court of Missouri · 1874
- Blakely v. BenneckeSupreme Court of Missouri · 1875
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3Cited by1 opinion
- Serat v. WinterMissouri Court of Appeals · 1924