Tebeau v. Globe & Rutgers Fire Insurance
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Franlc G. Johnson, Judge. (1) The policy was to be void “if the interest of the insured be not truly stated herein.” Interest is something different from title or ownership. Gibb v. Ins. Co., 61 N. W. (Mich.) 137. It includes any right or estate in or lien on real estate. Crosby v. Ottman, 85 Fed. 497, 29 C. C. A. 295; Abbott’s Law Dictionary— “Interest.”
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Appeal from Jackson Circuit Court. — Hon. Franlc G. Johnson, Judge. (1) The policy was to be void “if the interest of the insured be not truly stated herein.” Interest is something different from title or ownership. Gibb v. Ins. Co., 61 N. W. (Mich.) 137. It includes any right or estate in or lien on real estate. Crosby v. Ottman, 85 Fed. 497, 29 C. C. A. 295; Abbott’s Law Dictionary— “Interest.” By its plain terms, therefore, the policy required Tebeau to have stated in the policy the true facts with .reference to his “interest” in the insured property. (2) By accepting the policy as written…
1Opinion of the CourtWilliams, J.
This is a suit upon a policy' of fire insurance. Trial was had before the circuit court of Jackson County, without a jury, resulting in a.judgment in favor of the plaintiff in the sum of $8,400. Thereupon defendant duly perfected an appeal. The important facts may be summarized as follows:
The policy of insurance was issued for one year beginning December 9, 1911. The fire occurred September 22, 1912. The property covered by insurance was the “frame, concrete and brick foundation base-ball stand including bleachers, club-house, ticket-office and fencing,” located at Olive and Twentieth…
2Cases cited4 opinions
- Commercial Insurance v. SpanknebleIllinois Supreme Court · 1869
- Tebeau v. RidgeSupreme Court of Missouri · 1914
- Leathe v. America InsuranceSupreme Court of Missouri · 1860
- Ohio Farmers' Insurance v. BevisIndiana Court of Appeals · 1897
3Cited by3 opinions
- Bearden v. Countryside Casualty CompanyMissouri Court of Appeals · 1961
- Buck v. Stuyvesant InsuranceMissouri Court of Appeals · 1922
- Republic National Bank v. Interstate Producing Corp.Missouri Court of Appeals · 1926