Noah v. German Insurance
Missouri Court of Appeals
Appeal from the Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. The evidence shows that the contract between the parties was for three years’ insurance, and that the time had elapsed before the fire; and where there is no conflict of evidence it is the duty of the court to take the cause from the jury.
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Appeal from the Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. The evidence shows that the contract between the parties was for three years’ insurance, and that the time had elapsed before the fire; and where there is no conflict of evidence it is the duty of the court to take the cause from the jury. Whether there is any evidence or what its legal effect may be is to be declared by the court, and if there is any evidence to support an issue it is the duty of the court to so instruct the jury. Charles v. Patch, 87 Mo. 450, at 462; Callehan v. Worne, 40 Id. 131; McFarland v. Bellows, 49…
1Opinion of the CourtBiggs, J.
This is an action on a policy of fire insurance. Upon the face of the policy the defendant insured the plaintiff’s dwelling house for $500, and his household goods therein for $400, from the tenth day of May, 1890, to the tenth day of May, 1895. On the twenty-fourth day of February, 1895, the house and its contents were destroyed by fire. The defendant resisted the payment of any portion of the loss, upon the ground that the policy had expired at the date of the fire. It was alleged in the answer that the contract of insurance was for three years; that the policy was issued for that time, and…
2Cases cited2 opinions
- Steinberg v. Phœnix InsuranceMissouri Court of Appeals · 1892
- Grimes v. WhitesidesMissouri Court of Appeals · 1896
3Cited by3 opinions
- Sweitzer v. Allen Banking Co.Missouri Court of Appeals · 1898
- Noah v. German InsuranceMissouri Court of Appeals · 1899
- Dunbar v. Iowa State BankMissouri Court of Appeals · 1927