Parsons v. Knoxville Fire Insurance
Supreme Court of Missouri
Appeal from Mercer Circuit Court. — Hon. Paris C. Stepp, Judge. (1) The court erroneously held that defendant’s agent could waive, and in fact did waive, the condition in the policy of insurance in suit as to keeping books, etc. Fire Ins. Co. v. Small, 66 Fed. Rep. 490; Sprague v. Ins. Co., 49 Mo. App. 423, and cases cited; Fletcher v. Ins. Go., 117 U. S. 531; Mensing v. Ins. Co., 36 Mo. App. 602; Shoup v. Ins. Co., 51 Mo. App. 287; Greenivood v. Ins. Co., 27 Mo.
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Appeal from Mercer Circuit Court. — Hon. Paris C. Stepp, Judge. (1) The court erroneously held that defendant’s agent could waive, and in fact did waive, the condition in the policy of insurance in suit as to keeping books, etc. Fire Ins. Co. v. Small, 66 Fed. Rep. 490; Sprague v. Ins. Co., 49 Mo. App. 423, and cases cited; Fletcher v. Ins. Go., 117 U. S. 531; Mensing v. Ins. Co., 36 Mo. App. 602; Shoup v. Ins. Co., 51 Mo. App. 287; Greenivood v. Ins. Co., 27 Mo. App. 412. (2) The court erroneously held that a substantial compliance with the condition in defendant’s policy of insurance as to…
1Opinion of the Court
DIVISION ONE.
Brace, P. J.
This is an action on a fire insurance policy, dated October 12,1891, for $2,500, for the term of one year from date; $400 on storehouse, $2,000 on stock of merchandise, and $100 on store furniture and fixtures. The property was destroyed by fire on the eighth of March, 1892. The plaintiffs obtained judg*587ment below for tbe sum of $2,677.50, tbe full amount of the policy and interest, and the defendant appealed.
The policy consisted of two papers, a policy in the usual form, and a paper attached, headed “Country Store Form,” called a “sticker.” To defeat a recovery the…
Also in this document: Per curiam.
2Cases cited16 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Hollis v. State InsuranceSupreme Court of Iowa · 1884
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
11 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899
- Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Curtis v. Indemnity Co. of AmericaSupreme Court of Missouri · 1931
23 more not listed; retrieve them via the Exa API.