Probst v. Insurance Co. of North America
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) Calling attention to the absence of the inventory and original bills or certified copies, was equivalent to an express demand therefor. Aetna Company v. Bank, 10 C. C. A. 342; Williams v. Queen, 39 Fed. Rep. 167. (2) The production of bills not certified and not originals does not satisfy the policy condition. Langan v. Boyal, 29 Atl.Rep. (Pa.)710; O'Brien v. Ins. Co., 63 N. Y. 108; Ward v. Ins.
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) Calling attention to the absence of the inventory and original bills or certified copies, was equivalent to an express demand therefor. Aetna Company v. Bank, 10 C. C. A. 342; Williams v. Queen, 39 Fed. Rep. 167. (2) The production of bills not certified and not originals does not satisfy the policy condition. Langan v. Boyal, 29 Atl.Rep. (Pa.)710; O'Brien v. Ins. Co., 63 N. Y. 108; Ward v. Ins. Co., 38 Pac. Rep. 1127. (3) Davenport’s letter of April 16 was not a waiver of further compliance, because: First. It was not so…
1Opinion of the CourtEllison, J.
This action is based on a policy of insurance taken out by plaintiff on his general stock of merchandise. The plaintiff recovered in the trial court.
Plaintiff furnished proofs of loss which were objected to by defendant in a letter setting forth the objections, relating mainly to a lack of proper invoices, bills, etc. This letter was dated April 16, 1894, and at the close stated the following:
“Kindly bear in mind that we are not willing to waive any of the conditions or requirements, or any of our rights or defenses thereunder, and that any and all communications that pass between us, or…
2Cases cited2 opinions
- Mensing v. American InsuranceCourt of Appeals of Kansas · 1889
- Weber v. American Central InsuranceMissouri Court of Appeals · 1889
3Cited by2 opinions
- Paetz v. London Guarantee & Accident Co.Missouri Court of Appeals · 1934
- Welsh v. Chicago Guaranty Fund Like SocietyMissouri Court of Appeals · 1899