Polk v. Western Assurance Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. J, D. Perldns, Judge. (1) Even if this case should have gone to the jury at all (which, we deny) instruction numbered lis palpably erroneous and must reverse the judgment, because it is unintelligible and could have had no other effect than to mislead the jury. Assurance Co. v. Norwood, 57 Kan. 610; Sowers v. Ins. Co., 113 la. 551; Gray v. Ins. Co., 1.55 N. Y. 180; Hartford Co. v. Davenport, 37 Mich. 609; Bourgeois v. Ins.
Read the full summary
Appeal from Jasper Circuit Court. — Hon. J, D. Perldns, Judge. (1) Even if this case should have gone to the jury at all (which, we deny) instruction numbered lis palpably erroneous and must reverse the judgment, because it is unintelligible and could have had no other effect than to mislead the jury. Assurance Co. v. Norwood, 57 Kan. 610; Sowers v. Ins. Co., 113 la. 551; Gray v. Ins. Co., 1.55 N. Y. 180; Hartford Co. v. Davenport, 37 Mich. 609; Bourgeois v. Ins. Co., 86 Wis. 606. (2) Instruction two is clearly error, because it does not limit tbe time when notice to the agent of an intention…
1Opinion of the CourtJohnson, J.
Action upon a policy of fire insurance. Under the pleadings a single issue is presented; i. e., waiver by defendant of a condition contained in the policy prohibiting additional insurance except by consent of defendant indorsed upon the policy. Plaintiff had judgment and defendant appealed. It is admitted that after the delivery of the policy plaintiff obtained additional insurance upon the same property from another company, and that the consent of the defendant was not written on the policy.
Plaintiff introduced evidence to establish an oral waiver by the agent of the defendant. No point is…
2Cases cited1 opinion
- Pelkington v. National InsuranceSupreme Court of Missouri · 1874
3Cited by13 opinions
- Universal Credit Co. v. ColeCourt of Appeals of Texas · 1940
- Quinley v. Springfield Traction Co.Missouri Court of Appeals · 1914
- Riley v. American Central InsuranceMissouri Court of Appeals · 1906
- Rogers v. Home InsuranceMissouri Court of Appeals · 1911
- Tomlinson Ex Rel. Tomlinson v. MarshallMissouri Court of Appeals · 1921
8 more not listed; retrieve them via the Exa API.