Blake v. Royal Insurance
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. The evidence of Mr. White, discovered after the trial, was material in defendant’s behalf and should have secured it a new trial. State v. Morgan, 96 Mo. App. 343; Mersch v. Sippy, 102 Mo. App. 559. (1) Courts are extremely reluctant to grant new trials on the ground of newly-discovered evidence. State v. Morgan, 96 Mo.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. The evidence of Mr. White, discovered after the trial, was material in defendant’s behalf and should have secured it a new trial. State v. Morgan, 96 Mo. App. 343; Mersch v. Sippy, 102 Mo. App. 559. (1) Courts are extremely reluctant to grant new trials on the ground of newly-discovered evidence. State v. Morgan, 96 Mo. App. 343; Cook v. Railroad, 56 Mo. 380; State v. Sansone, 116 Mo. 1. (2) A new trial should never be granted on newly-discovered evidence which is cumulative. Beauchamp v. Sconce, 12 Mo. 57; Dollman v. Munson,…
1Opinion of the CourtJohnson, J.
This suit is on a fire insurance policy issued by defendant to S. B. Hearsh, a merchant at Independence. Plaintiff is the trustee in bankruptcy of Hearsh. The policy in suit was for $2,000, and covered the stock of merchandise owned by Hearsh. The stock, valued in the petition and in the evidence of plaintiff at approximately $9,000, was destroyed by fire while the policy was in force. It is conceded that Hearsh had other insurance on the property to the amount of $4,500, and defendant alleges in its answer that it was procured “contrary to the terms and conditions of the policy sued on…
2Cases cited6 opinions
- State v. SansoneSupreme Court of Missouri · 1893
- Cook v. St. Louis & Keokuk RailroadSupreme Court of Missouri · 1874
- Culbertson v. HillSupreme Court of Missouri · 1885
- Beauchamp v. SconceSupreme Court of Missouri · 1848
- Dollman v. MunsonSupreme Court of Missouri · 1886
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3Cited by1 opinion
- Aaron v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911