Springfield Steam Laundry Co. v. Traders' Insurance
Supreme Court of Missouri
Transferred from Si. Louis Court of Appeals. (1) There was no proceeding to foreclose, or of sale within the terms of the policy simply by the advertisement. The advertisementisaloneaproposition of sale and for bidders to appear at a contemplated sale. There is no proceeding for 'the sale or for foreclosure until the. property is put up for sale in accordance with the notice. Sansum’s Digest of Insurance Law, p. 613; Ins.
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Transferred from Si. Louis Court of Appeals. (1) There was no proceeding to foreclose, or of sale within the terms of the policy simply by the advertisement. The advertisementisaloneaproposition of sale and for bidders to appear at a contemplated sale. There is no proceeding for 'the sale or for foreclosure until the. property is put up for sale in accordance with the notice. Sansum’s Digest of Insurance Law, p. 613; Ins. Oo. v. Lewis, 30 Mich. 41. (2) The defendant by its local agents could have waived this breach of policy, even if it was such. He had no right to know that this proceeding…
1Opinion of the CourtBuegess, J.
This is an action upon a policy of fire insurance.
At the time the policy was issued the property was mortgaged and the policy provided that any loss should be paid to the mortgagee.
The defense was that prior to the destruction of the property the conditions of the mortgage were violated and the property advertised for sale thereunder, and that by reason thereof the policy was invalidated and void at the time it was consumed by fire.
The cause was submitted to the court on an agreed statement of facts. Thetrialresultedin a judgment for defendant.
Erom this judgment plaintiffs appealed to the St.…
2Cases cited8 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Weed v. London & Lancashire Fire InsuranceNew York Court of Appeals · 1889
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
- Parsons v. Knoxville Fire InsuranceSupreme Court of Missouri · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
- Delaware Ins. v. GreerCourt of Appeals for the Eighth Circuit · 1903
- Rhodus v. Kansas City Life InsuranceMissouri Court of Appeals · 1911
- Gaines v. Berkshire Life InsuranceMissouri Court of Appeals · 1933
40 more not listed; retrieve them via the Exa API.