Legal Opinion

Blake v. Royal Insurance

Missouri Court of Appeals

Decided October 15, 1908PublishedCited by 1 opinion

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

  1. State v. SansoneSupreme Court of Missouri · 1893
  2. Cook v. St. Louis & Keokuk RailroadSupreme Court of Missouri · 1874
  3. Culbertson v. HillSupreme Court of Missouri · 1885
  4. Beauchamp v. SconceSupreme Court of Missouri · 1848
  5. Dollman v. MunsonSupreme Court of Missouri · 1886

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3Cited by1 opinion

  1. Aaron v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911

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