Mers v. Franklin Insurance
Supreme Court of Missouri
Appeal from Gass Circuit'Court. — Hon. Foster P. Wright, Judge. The only statement in the policy as to ownership was the word “ his ” before the description of the property insured. This taken in connection with the condition as to the statement of the interest of the insured imports an absolute and entire ownership. Clay F. and M. Ins. Co. v. Huron Salt and Lumber Co., 31 Mich. 346; s. c., 14 Am. Law Reg.
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Appeal from Gass Circuit'Court. — Hon. Foster P. Wright, Judge. The only statement in the policy as to ownership was the word “ his ” before the description of the property insured. This taken in connection with the condition as to the statement of the interest of the insured imports an absolute and entire ownership. Clay F. and M. Ins. Co. v. Huron Salt and Lumber Co., 31 Mich. 346; s. c., 14 Am. Law Reg. (N. S. ) 460 ; and this amounts to a misrepresentation, which avoids the policy, Catron v. Tenn. Ins. Co., 6 Hump. 176; .Brown v. Williams, 28 Me. 262; Philips v. Knox Co. Mut. Ins. Co., 20…
1Opinion of the CourtHough, J.
This was a suit upon a policy of insurance by which, on the 10th day of March, 1873, the defendant insured the plaintiff for one year against loss or damage by ffre to the amount of $2,000; as follows: $1,000 on a two-story frame hotel in Pleasant Hill, Missouri, and $1,000 on personal property. On the 18th day of April, 1873, all of the foregoing property was destroyed by fire. The plaintiff recovered judgment for the full amount of the policy, and the defendant has appealed.
The policy contained, among others, the following condition : “ If the interest in the property to be insured be a…
2Cases cited4 opinions
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
- Franklin v. Atlantic Fire InsuranceSupreme Court of Missouri · 1868
- Gaylord v. Lamar Fire InsuranceSupreme Court of Missouri · 1867
- Hand v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1874
3Cited by43 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Syndicate Ins. v. BohnCourt of Appeals for the Eighth Circuit · 1894
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Mechanics & Traders Insurance v. Mutual Real Estate & Blg. Ass'nSupreme Court of Georgia · 1896
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
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