Fidelity & Casualty Co. v. Dierks Lumber & Coal Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Now. John G. Park, Judge. (1) The answer tendered a sufficient equitable defense to tbe second, third and fourth counts, of the petition. Leitensdorfer v. Delphy, 15 Mo. 161. (2) One who prepares a contract pursuant to a previous agreement, and delivers a contract materially varying from the one contemplated, cannot impute negligence to the other party, if the latter, reposing confidence, fails to discover the variance.
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Appeal from Jackson Circuit Court. — Now. John G. Park, Judge. (1) The answer tendered a sufficient equitable defense to tbe second, third and fourth counts, of the petition. Leitensdorfer v. Delphy, 15 Mo. 161. (2) One who prepares a contract pursuant to a previous agreement, and delivers a contract materially varying from the one contemplated, cannot impute negligence to the other party, if the latter, reposing confidence, fails to discover the variance. Wells v. Adams, 88 Mo. App. 216. (3) Where there is a pre-existing contract, definite and specific in its terms, and parties thereto agree…
1Opinion of the CourtJohnson, J.
Action by an insurance company tq recover premiums earned and not paid on four policies of “liability insurance” issued to defendant.
May 16, 1900, plaintiff issued the first policy bj the terms of which it agreed, in consideration of a premium of forty dollars paid by defendant, to indemnify defendant, the proprietor of a lumber yard in Kansas City “against loss from common law or statutory liability for damages on account of bodily injuries, fatal or non-fatal, accidentally suffered within the period of this policy by any employee or employees of the assured while on duty within the factory,…
2Cases cited7 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- American Insurance v. NeibergerSupreme Court of Missouri · 1881
- Palmer v. Hartford Fire InsuranceSupreme Court of Connecticut · 1887
- Long Bros. Grocery Co. v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1908
- HartfordSteam Boiler Inspection & Insurance v. CartierMichigan Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Alcoa Steamship Company v. VelezDistrict Court, D. Puerto Rico · 1968
- Raker v. Service Life InsuranceMissouri Court of Appeals · 1932
- Farmers Mutual Hail Insurance Co. v. KierMissouri Court of Appeals · 1956
- Union Cent. Life Ins. Co. v. ShortCourt of Appeals of Texas · 1919