Okey v. State Insurance
Missouri Court of Appeals
Appeal from Polk Circuit Court, IIon. W. I. Wallace, Judge. Tlie case is stated in the opinion. I. The petition containing no sufficient averments of the conditions precedent to right of recovery the court erred in admitting any testimony in the case after defendant objected on that ground. Facts must be stated as they exist and show a legal canse of action. State to use v. Matson, 38 Mo. 489 ; Link v. Vaughan, 17 Mo. 585. II.
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Appeal from Polk Circuit Court, IIon. W. I. Wallace, Judge. Tlie case is stated in the opinion. I. The petition containing no sufficient averments of the conditions precedent to right of recovery the court erred in admitting any testimony in the case after defendant objected on that ground. Facts must be stated as they exist and show a legal canse of action. State to use v. Matson, 38 Mo. 489 ; Link v. Vaughan, 17 Mo. 585. II. Preliminary proofs of loss are conditions precedent to the right of recovery by assured. Ins. Go. ¶. Kyle, 11 Mo. 278; Inman v. Ins. Go., 12 Wend. [N. Y.] 452; Noonan…
1Opinion of the CourtPmiiips, P. J.
This is an action based upon a contract of insurance against loss by fire. Plaintiff recovered judgment below, and defendant prosecutes this appeal. The property insured was a one-story frame building, valued at one hundred dollars, and one American fruit evaporator contained therein, valued at three hundred dollars. The premium was paid and policy issued in October, 1885, and was to run for one year. The fire occurred on the fifteenth day of March, 1886. The policy contained the usual stipulations respecting the duty of the assured, in case of loss, to give immediate notice thereof to the…
2Cases cited10 opinions
- Rokes v. Amazon InsuranceCourt of Appeals of Maryland · 1879
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
- Whited v. . Germania Fire Ins. Co.New York Court of Appeals · 1879
- Franklin Fire Insurance v. Chicago Ice Co.Court of Appeals of Maryland · 1872
- Ehrlich v. Ætna Life InsuranceSupreme Court of Missouri · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
- California Southern Hotel Co. v. CallenderCalifornia Supreme Court · 1892
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
- Travis v. Continental InsuranceMissouri Court of Appeals · 1888
16 more not listed; retrieve them via the Exa API.