Ford v. Stevens Motor Car Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis!-Eon. Wilson A. Taylor, Judge. (1) The circuit court erred in not instructing for a verdict for this defendant appellant, because plaintiff’s own proof is that appellant is not a party to the original contract. The petition avers that appellant was a party thereto, but there is a failure of proof thereof.
Read the full summary
Appeal from the Circuit Court of the City of St. Louis!-Eon. Wilson A. Taylor, Judge. (1) The circuit court erred in not instructing for a verdict for this defendant appellant, because plaintiff’s own proof is that appellant is not a party to the original contract. The petition avers that appellant was a party thereto, but there is a failure of proof thereof. Koons v. Car Co., 203' Mo. 227; Henry Co. v. Bank, 208 Mo. 209. (2) There was a failure of proof of the allegation that the so-called insurance liability contract was “in consideration of his giving to the defendants the order” for the…
1Opinion of the Court
This action based on an oral contract of insurance resulted in a judgment below against defendant Priesmeyer-Stevens Automobile Company (herein called the Priesmeyer Company), and defendant Stevens Motor Car Company (herein called Stevens Company), for $4276.75, the same being rendered against the Priesmeyer Company by default and against the Stevens Company after a contest before a jury. The cause is brought here for review by the latter company, after the customary steps were taken for that purpose.
The Stevens Company was originally known as Waverly Sales Company and then as Stevens Waverly…
2Cases cited4 opinions
- Duff v. Fire Ass'nSupreme Court of Missouri · 1895
- Polk v. Western Assurance Co.Missouri Court of Appeals · 1905
- Garth v. GarthSupreme Court of Missouri · 1897
- Olive Street Bank v. PhillipsMissouri Court of Appeals · 1913
3Cited by7 opinions
- Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
- Kansas City Stock Yards Co. v. A. Reich & SonsSupreme Court of Missouri · 1952
- Hyer v. Inter-Insurance Exchange of the Automobile ClubCalifornia Court of Appeal · 1926
- Davis v. Highway Motor UnderwritersNebraska Supreme Court · 1931
- Bowers v. S-H-S Motor Sales Corp.Missouri Court of Appeals · 1972
2 more not listed; retrieve them via the Exa API.