Price v. Patrons' & Farmers' Home Protection Co.
Missouri Court of Appeals
Appeal from the. Bay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The jurors challenged for cause by the plaintiff were competent triers of the case. R. S. 1889, sec. 6083; Burdine v. Grand Lodge, 37 Ala. 473; Robinson v. So. Pac. Co., 105 Cal. 526. “(2) The petition declared on a direct promise of indemnity, while the policy constituted only a conditional agreement to pay the loss.
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Appeal from the. Bay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The jurors challenged for cause by the plaintiff were competent triers of the case. R. S. 1889, sec. 6083; Burdine v. Grand Lodge, 37 Ala. 473; Robinson v. So. Pac. Co., 105 Cal. 526. “(2) The petition declared on a direct promise of indemnity, while the policy constituted only a conditional agreement to pay the loss. There was such a variance between the allegations and this offer as to amount to a failure of proof. May on Ins. [2 Ed.], sec. 157, p. 181; 3 Joyce on Ins., sec. 1951, p. 1947; Bayse v. Ambrose, 32 Mo. 484;…
1Opinion of the CourtSmith, P. J.
This is an action by plaintiff against defendant, an insurance corporation organized under the statute of this state, on a fire insurance policy. The plaintiff had judgment in the circuit court and defendant appealed.
JL¡e°j^oOco'rpo’ration: kindred.
I. The plaintiff objected to four of the jurors of the regular panel on the ground that they were related to the parties insured with defendant. It was developed during the progress of the ... „ , i • , . ., . examination of the jurors touching their qualifications that the fathers of three of them and a brother of a fourth were insured with…
2Cases cited14 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Henry v. SneedSupreme Court of Missouri · 1889
- Pier v. HeinrichoffenSupreme Court of Missouri · 1873
- Allen v. ChouteauSupreme Court of Missouri · 1890
- Basye v. AmbroseSupreme Court of Missouri · 1862
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3Cited by3 opinions
- State v. LewisSupreme Court of Missouri · 1929
- Morrell v. Northern Pacific Railway Co.North Dakota Supreme Court · 1920
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902