Harmon v. Stuyvesant Insurance
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. H. B. Sham, Judge. (1) Appellant was not a party to the appraisal and the same was a fraud upon it. (a) Appellant not a party to the appraisal. McNees v. Ins. Co., 69 Mo. App. 244-5. (b) The appraisal a fraud upon appellant. Perry v. Ins. Co., 40 S. E. (N. C.) 889; Os-trander on Fire Ins. (2 Ed.), 593; 2 Cyc. 749; Bis-phane on Equity (6 Ed.), 312; Dorsett v. Mfg.
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Appeal from Pettis Circuit Court. — Hon. H. B. Sham, Judge. (1) Appellant was not a party to the appraisal and the same was a fraud upon it. (a) Appellant not a party to the appraisal. McNees v. Ins. Co., 69 Mo. App. 244-5. (b) The appraisal a fraud upon appellant. Perry v. Ins. Co., 40 S. E. (N. C.) 889; Os-trander on Fire Ins. (2 Ed.), 593; 2 Cyc. 749; Bis-phane on Equity (6 Ed.), 312; Dorsett v. Mfg. Co., 131 N. C. 260, 42 S. E. 612. (2) Plaintiff’s appraiser and the umpire were not competent and disinterested. James v. Ins. Co., 135 Mo. App. 253; Fowble v. Ins. Co., 106 Mo. 530; Mason v.…
1Opinion of the Court
ELLISON, J. —
Plaintiff was the owner of a two-story brick building in Wichita, Kansas, and on the 22nd of Angnst, 1911, she obtained from defendant a policy of fire insurance insuring the property in the sum of $6000 for a period of five years. The building burned on the 28th of October, 1911. On defendant’s refusal to pay the loss, she brought this action for the face of the policy together with the statutory ten per cent penalty and attorney fees. She recovered judgment for the full amount and interest, together with an attorney’s fee.
The policy provided that, if in case of fire, the…
2Cases cited6 opinions
- Norton v. GaleIllinois Supreme Court · 1880
- Vincent v. Germah InsuranceSupreme Court of Iowa · 1903
- American Steel Co. v. German-American Fire Ins.Court of Appeals for the Third Circuit · 1911
- Townsend v. Greenwhich InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Kent & Purdy Paint Co. v. Aetna InsuranceMissouri Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dorn v. St. Louis Public Service Co.Missouri Court of Appeals · 1952
- Dworkin v. Caledonian InsuranceSupreme Court of Missouri · 1920
- Hounihan v. State Farm Mutual Automobile Insurance Co. of Bloomington, IllinoisMissouri Court of Appeals · 1969
- Jones v. McQuestenWashington Supreme Court · 1933
- Prather v. Connecticut Fire InsuranceMissouri Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.