Scott & Son v. Phoenix Insurance
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. Jas. H. Lay, Judge. The petition in this case fails to state that the plaintiffs were the owners of the insured property, either at the time of the issuance of the policy, or at the time of loss. Such a petition is not sufficient to support a judgment and the judgment must, therefore, be reversed. It has been expressly so held in each of the following cases: Storey v. American Central, 61 Mo.
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Appeal from the Bates Circuit Court. — Hon. Jas. H. Lay, Judge. The petition in this case fails to state that the plaintiffs were the owners of the insured property, either at the time of the issuance of the policy, or at the time of loss. Such a petition is not sufficient to support a judgment and the judgment must, therefore, be reversed. It has been expressly so held in each of the following cases: Storey v. American Central, 61 Mo. App. 534; Harness v. National, Kansas City Court of Appeals, not yet reported; Western Union Co. v. Dimbar, 26 S. W. Rep. (Tex.) 628; Fowler v. Ins. Co., 26 N.…
1Opinion of the CourtSmith, P. J.
This is a suit which was commenced on a fire insurance policy and in which the plaintiffs had judgment, and from which judgment the defendant has appealed.
The question for decision arises on the record proper and is, whether the petition states facts sufficient to constitute a cause of action. It fails to allege the ownership of the goods in plaintiffs, either at the time of the issue of the policy, or at the time of the fire. These omissions, according to the rulings in Story v. Ins. Co., 61 Mo. App. 534, and Harness v. Ins. Co., 62 Mo. App. 245, are fatal to the judgment. In the last cited…
2Cases cited2 opinions
- Harness v. National Fire InsuranceMissouri Court of Appeals · 1895
- Story v. American Central InsuranceMissouri Court of Appeals · 1895
3Cited by5 opinions
- Draper v. Delaware State Grange Mutual Fire InsuranceSuperior Court of Delaware · 1914
- White v. Merchants' InsuranceMissouri Court of Appeals · 1902
- Clevinger v. Northwestern National InsuranceMissouri Court of Appeals · 1897
- Sappington v. St. Joseph Mutual Fire InsuranceMissouri Court of Appeals · 1897
- Camden Fire Ins. Ass'n v. WalkerSupreme Court of Oklahoma · 1925