Legal Opinion

Michael v. St. Louis Mutual Fire Insurance

Missouri Court of Appeals

Decided March 17, 1885PublishedCited by 11 opinions

Appeal from the St. Louis Circuit Court, Lubke, J. The insurer is responsible only to the extent of the interest of the applicant, and that must be shown at the trial. — Ayers v. Insurance Co., 17 Iow. 176-181; Tyler v. Insurance Co., 12 Wend. 513; Mers v. Insurance Co., 68 Mo. 127, 132; Wood, Ins., sects. 257, 258, 260, 281. Indefensibility of title is not the criterion of insurable interest. — Gaylord v. Insurance Co.. 40 Mo. 18, 17.

1Opinion of the CourtRombauer, J.

This is an action on a policy insuring plaintiff, Joseph Michael, and his assigns against loss by fire, in the sum of two thousand dollars, on a stock of goods in a country store. Martin Michael, who claims to hold the policy as collateral security for Joseph’s debt to him of one thousand dollars, joins as plaintiff in the action. The •main controversy between the parties on the trial of the cause was whether the policy had been avoided by part alienation of the property, and whether the instructions of the court, touching jjlaintiff’s right of recovery, the ownership of the goods, and the…

2Cases cited6 opinions

  1. Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
  2. St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
  3. Gardner v. ArmstrongSupreme Court of Missouri · 1862
  4. Cable v. St. Louis Marine Railway & Dock Co.Supreme Court of Missouri · 1855
  5. Boynton v. Clinton & Essex Mutual InsuranceNew York Supreme Court · 1853

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Deutmann v. KilpatrickMissouri Court of Appeals · 1891
  2. Story v. American Central InsuranceMissouri Court of Appeals · 1895
  3. Davis v. ShaferU.S. Circuit Court for the District of Western Missouri · 1892
  4. Leucke v. TredwayMissouri Court of Appeals · 1891
  5. Todd v. CrutsingerMissouri Court of Appeals · 1888

6 more not listed; retrieve them via the Exa API.

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