Wolf v. Dwelling House Insurance
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) Even if this case were the same as the former, the former case could not be pleaded as res adjudícala or as an estoppel to this case, the present having been brought and served within one year from the reversal of judgment in the former case.' Lumber Co. v. Lumber Co., 72 Mo.
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Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) Even if this case were the same as the former, the former case could not be pleaded as res adjudícala or as an estoppel to this case, the present having been brought and served within one year from the reversal of judgment in the former case.' Lumber Co. v. Lumber Co., 72 Mo. App. 248; E. S. 1899, sec. 4285. (2) And even if this case is the same as the former one, the Oonrt of Appeals must look into the errors complained of, notwithstanding the same points are presented that were presented and urged in the Court of…
1Opinion of the Court
SMITH, P.' J.
This is an action on a fire insurance policy which contained the following provisions, to-wit: “This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if there is or shall be any other prior or concurrent or subsequent contract of insurance, whether valid or void, on property covered in whole or in part by this policy. The company shall not be bound by any act or statement made to or by any agent unless inserted in this contract.”
It is conceded that there was other and prior insurance, and that the defendant’s local agent knew of…
2Cases cited6 opinions
- Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899
- May v. CrawfordSupreme Court of Missouri · 1899
- Rocheport Bank v. DoakMissouri Court of Appeals · 1898
- Shoup v. Dwelling-House Fire InsuranceMissouri Court of Appeals · 1892
- Jenkins v. German InsuranceMissouri Court of Appeals · 1894
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3Cited by3 opinions
- Petty Et Ux. v. ClarkUtah Supreme Court · 1948
- Millis v. Scottish Union & National InsuranceMissouri Court of Appeals · 1902
- Ross-Langford v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1902