Legal Opinion

State ex rel. American Fire Insurance v. Ellison

Supreme Court of Missouri

Decided December 21, 1916PublishedCited by 16 opinions

Certiorari. If the rule in Springfield Steam Laundry Co. v. Insurance Co., 151 Mo. 90, is applicable to this case the Court of Appeals has refused to follow that rule. That court says it is not applicable.

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Certiorari. If the rule in Springfield Steam Laundry Co. v. Insurance Co., 151 Mo. 90, is applicable to this case the Court of Appeals has refused to follow that rule. That court says it is not applicable. The reason for the distinction is that this court sustained the contract condition on the ground the company might have been willing for the premium charged to insure mortgaged property but not to continue the insurance if the risk was enhanced by proceedings to foreclose the mortgage. Such is not the reason given by this court for the finding, but it is given as the probable reason why the…

1Opinion of the CourtFaris, J.

This is an original proceeding by certiorari, whereby it is sought to quash the judgment heretofore rendered by the Kansas City Court of Appeals in the case of Terminal Ice & Power Company, appellant, v. American Fire Insurance Company, respondent, 187 S. W. 564, on the ground that the opinion therein is contrary to the opinion of this court in the case of Springfield Steam Laundry Co. v. Traders’ Insurance Co., 151 Mo. 90.

For convenience and brevity in designating the parties to that action and the parties to this one, we shall refer to the Terminal Ice & Power Company as “plaintiff,” to The…

2Cases cited16 opinions

  1. Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
  2. Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
  3. Delaware Ins. v. GreerCourt of Appeals for the Eighth Circuit · 1903
  4. Hanover Fire Insurance v. Alexander Brown & SonsCourt of Appeals of Maryland · 1893
  5. Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899

11 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Packard Manufacturing Co. v. Indiana Lumbermens Mutual InsuranceSupreme Court of Missouri · 1947
  2. State Ex Rel. Commonwealth Casualty Co. v. CoxSupreme Court of Missouri · 1929
  3. State ex rel. Mutual Benefit, Health & Accident Ass'n v. TrimbleSupreme Court of Missouri · 1934
  4. State Ex Rel. Brotherhood of Locomotive Firemen & Enginemen v. ShainSupreme Court of Missouri · 1938
  5. Handleman v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1929

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