Brown v. Connecticut Fire Insurance
Missouri Court of Appeals
Appeal from St. Louis Count y Circuit Court. — Eon. John W. McElhinney, Judge. (1) Defendant’s motion to strike out part of the reply should have been sustained. It was not proper to permit plaintiff to plead an equitable title in her reply when she alleged in her petition that she was the legal owner. A plaintiff must recover, if at all, upon the cause of action stated in the petition, and not upon one stated in the reply.
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Appeal from St. Louis Count y Circuit Court. — Eon. John W. McElhinney, Judge. (1) Defendant’s motion to strike out part of the reply should have been sustained. It was not proper to permit plaintiff to plead an equitable title in her reply when she alleged in her petition that she was the legal owner. A plaintiff must recover, if at all, upon the cause of action stated in the petition, and not upon one stated in the reply. Mathieson v. St. L. & San Francisco R. R., 219 Mo. 542-552; Ham v. St. L. R. R. Co., 149 Mo. App. 200; Mess v. Fitch, 212 Mo. 484-502; Schwabe v. Moore, 187 Mo. App. 74;…
1Opinion of the CourtBecker, J.
This is an action brought by Rachel Brown against the Connecticut Fire Insurance Company, of Hartford, Connecticut, to recover a proportionate amount of the damage caused to her home by fire, said home being covered by a policy of insurance issued by the defendant company. There were several other policies of insurance on the said property, one of which was issued by the Providence-Washington Insurance Company, whom said Rachel Brown sued in a separate action, judgment in which case by stipulation of counsel is to abide the result in this case. On trial before a jury, a judgment was rendered…
2Cases cited11 opinions
- Mathews v. Modern Woodmen of AmericaSupreme Court of Missouri · 1911
- Long v. MartinSupreme Court of Missouri · 1899
- Stix v. Travelers Indemnity Co.Missouri Court of Appeals · 1913
- Kuenzel v. StevensSupreme Court of Missouri · 1900
- Long Bros. Grocery Co. v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1908
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3Cited by10 opinions
- Witherow v. United American InsuranceCalifornia Court of Appeal · 1929
- United States Fire Ins. Co. v. SmithSupreme Court of Alabama · 1935
- Trust Co. of St. Louis County v. Phoenix InsuranceMissouri Court of Appeals · 1919
- Concordia Fire Ins. Co. of Milwaukee v. Commercial Bank of LibertyCourt of Appeals for the Eighth Circuit · 1930
- Bawden v. American Central InsuranceSupreme Court of Virginia · 1929
5 more not listed; retrieve them via the Exa API.