Rosencrans v. North American Insurance
Missouri Court of Appeals
Appeal from the JacJcson Circuit Cowl. — Hon. J. H. Slover, Judge. (1) The application was a part of the policy, and every statement therein was a matter of express warranty, and hence material. A warranty is an agreement in the nature of a condition precedent, and, like that, must be strictly complied with. Daniels v. Ins. Co., 12 Cush. 416; Bipley v. Ins. Co., 30 N. Y. 136; Campbell v. Ins. Co., 98 Mass. 381; Bennett v. Ins. Co., 50 Conn. 420; Thomas v. Ins.
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Appeal from the JacJcson Circuit Cowl. — Hon. J. H. Slover, Judge. (1) The application was a part of the policy, and every statement therein was a matter of express warranty, and hence material. A warranty is an agreement in the nature of a condition precedent, and, like that, must be strictly complied with. Daniels v. Ins. Co., 12 Cush. 416; Bipley v. Ins. Co., 30 N. Y. 136; Campbell v. Ins. Co., 98 Mass. 381; Bennett v. Ins. Co., 50 Conn. 420; Thomas v. Ins. Co., 108 111. 91; Ins. Co. v. Garner, 77 Ala. 210; Schivarzbach v. Union, 25 W. Va. 622, 652; Dwight v. Ins. Co., 103 N. Y. 341. A…
1Opinion of the CourtGill, J.
This is an action on an insurance policy issued October 1, 1892, to one E. W. Culver and covering a large mill plant located in Lawrence county,Arkansas. During the life of the policy, in March, 1893, the property was destroyed by fire. Shortly thereafter Culver assigned the policy and all claims-thereunder to plaintiff Rosencrans, as trustee, for the benefit of the Union National Bank of Kansas City, to-whom Culver was then largely indebted. The mill had formerly belonged to a corporation known as the North Arkansas Lumber Company, of which Culver was the vice-president. The company had…
2Cases cited6 opinions
- Indiana Insurance v. HartwellIndiana Supreme Court · 1890
- Lycoming Fire Insurance v. WardIllinois Supreme Court · 1878
- Anthony v. German American InsuranceMissouri Court of Appeals · 1892
- Kansas Farmers' Fire Insurance v. SaindonSupreme Court of Kansas · 1893
- Columbia Planing Mill Co. v. American Fire InsuranceMissouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lehmann v. Hartford Fire InsuranceMissouri Court of Appeals · 1914
- Manning v. Connecticut Fire InsuranceMissouri Court of Appeals · 1913
- Boward v. Bankers Union of the WorldMissouri Court of Appeals · 1902
- Central Montana Mines Co. v. Fireman's Fund InsuranceSupreme Court of Minnesota · 1904
- Tillamook Lumbering Co. v. Liverpool & London & Globe Ins.District Court, D. Oregon · 1909
2 more not listed; retrieve them via the Exa API.