Farrell v. Farmers' Mutual Fire Insurance
Missouri Court of Appeals
Appeal from the Worth Circuit Court. — Hon. P. C. Stepp, Judge. (1) The court erred in overruling defendant’s motion to strike out parts of plaintiff’s reply. The company was authorized by law to insure against loss-by both fire and lightning. Sess. Acts, 1891, p. 165. A party must recover on the ground stated in his petition, and can not allege a ground of recovery for the first time in his reply.
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Appeal from the Worth Circuit Court. — Hon. P. C. Stepp, Judge. (1) The court erred in overruling defendant’s motion to strike out parts of plaintiff’s reply. The company was authorized by law to insure against loss-by both fire and lightning. Sess. Acts, 1891, p. 165. A party must recover on the ground stated in his petition, and can not allege a ground of recovery for the first time in his reply. Louitz v. King, 93 Mo. 513; Mohney v. Peed, 40 Mo.' App. 99; Bill v. Coal Co., 119 Mo. 30. (2) It was error to admit the evidence of the offer of defendant’s secretary to pay plaintiff $175 “for a…
1Opinion of the CourtSmith, P. J.
This suit was brought on a fire insurance policy in which plaintiff had judgment and defendant appealed.
I. The defendant objects that the trial court erred in its action refusing to strike out paragraph 2 of the plaintiff’s replication, in which it was alleged that plaintiff “did not know whether the fire by which said building and contents were destroyed caught therein, or was communicated thereto from a stove, as alleged in said answer, or from a discharge of lightning or electricity from and in the course of said electric storm, but he believes that the fire originated from one or the…
2Cases cited11 opinions
- Insurance Co. v. Transportation Co.Supreme Court of the United States · 1871
- Renshaw v. Missouri State Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1890
- Nave v. Home Mutual InsuranceSupreme Court of Missouri · 1866
- Pabst Brewing Co. v. Union InsuranceMissouri Court of Appeals · 1895
- Shockley v. FischerMissouri Court of Appeals · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lee National Corporation v. DeramusDistrict Court, D. Delaware · 1970
- Swoboda v. NowakMissouri Court of Appeals · 1923
- Bilsky v. Sun Insurance Office, LimitedMissouri Court of Appeals · 1935
- Humphreys v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1915
- Black v. EmoryMissouri Court of Appeals · 1925