Pheonix Insurance v. Owens
Missouri Court of Appeals
Appeal from the Worth Circuit Court. — Hon. P. 0. Stepp, Judge. (1) The court erred in admitting irrelevant, illegal and incompetent evidence on the part of the defendant over the objections of plaintiff. Direks v. Ins. Co., 34 Mo. App. 31; Ins. Co. v. Mowry, 96 IT. S. 544; Greenwood v. Ins. Co., 27 Mo. App. 401; Evans v. Mfg.
Read the full summary
Appeal from the Worth Circuit Court. — Hon. P. 0. Stepp, Judge. (1) The court erred in admitting irrelevant, illegal and incompetent evidence on the part of the defendant over the objections of plaintiff. Direks v. Ins. Co., 34 Mo. App. 31; Ins. Co. v. Mowry, 96 IT. S. 544; Greenwood v. Ins. Co., 27 Mo. App. 401; Evans v. Mfg. Co., 118 Mo. 548; Morgan v. Porter, 103 Mo. 135; State ex rel. v. Hoshaw, 98 Mo. 358. (2) It was tbe duty of A. S. Owens, defendant, to have informed himself of the contents of the application and note in the petition. signed by him. In such case evidence of a prior or…
1Opinion of the CourtSmith, P. J.
This is a suit that was brought before a justice of the peace on a promissory note and from the judgment in the circuit court, which was for defendant, plaintiff has appealed.
The undisputed evidence adduced at the trial tends to prove that Gilbert, a local agent of the plaintiff — an incorporated fire insurance company — solicited the defendant to take out a policy in plaintiff company for $800 on his farm residence, the premium thereon being twenty-four dollars, for a period of five years. The defendant was an illiterate man. He could neither read nor write. He could, however, write his…
2Cases cited6 opinions
- Wright v. McPikeSupreme Court of Missouri · 1879
- Van Valkenburgh v. RoukNew York Supreme Court · 1815
- Coles v. ShepardSupreme Court of Minnesota · 1883
- Beck & Pauli Lithographing Co. v. ObertMissouri Court of Appeals · 1892
- Nicol v. YoungMissouri Court of Appeals · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Collette v. ReboriMissouri Court of Appeals · 1904
- Johnston v. Covenant Mutual Life InsuranceMissouri Court of Appeals · 1902
- Rohrmoser v. Household Finance Corp.Missouri Court of Appeals · 1935
- Broyles v. AbsherMissouri Court of Appeals · 1904
- Carroll v. PeakMissouri Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.