Legal Opinion

Shook v. Retail Hardware Mutual Fire Insurance

Missouri Court of Appeals

Decided February 6, 1911PublishedCited by 7 opinions

Appeal from Greene Circuit Court. — No». James T. Neville, Judge. (1) The judgment should be reversed because there was a total failure on the part of the respondents to keep and preserve an inventory and books of account, correctly showing in detail all purchases and sales from the stock in question and to produce them after the fire, when demanded. Gibson v. Insurance Co., 82 Mo. App. 515; Keet & Rountree D. G. Co. v. Ins. Co., 100 Mo. App. 60; Johnson v. Ins. Co., 120 Mo.

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Appeal from Greene Circuit Court. — No». James T. Neville, Judge. (1) The judgment should be reversed because there was a total failure on the part of the respondents to keep and preserve an inventory and books of account, correctly showing in detail all purchases and sales from the stock in question and to produce them after the fire, when demanded. Gibson v. Insurance Co., 82 Mo. App. 515; Keet & Rountree D. G. Co. v. Ins. Co., 100 Mo. App. 60; Johnson v. Ins. Co., 120 Mo. App. 86; Hollinbeck v. Ins. Co., 133 Mo. App. 60; Ins. Co., v. Dudley, 65 Ark. 240, 45 S. W. 539; Ins. Co. v.…

1Opinion of the CourtNixon, P. J.

This action is based on a policy of fire insurance issued to plaintiffs, .insuring their fixtures and stock of general merchandise in the town of Willard in Greene county for $2600. In the trial the plaintiffs obtained a verdict for $2600, and defendant perfected its appeal to this court.

*398The policy contained the following provision:

“It is a condition of this policy, if at the time of loss the assured shall hold any policy of this or any other company, on the property hereby insured, subject to conditions of coinsurance, percentage of value, or average, or Inventory and Iron Safe Clause, this…

2Cases cited12 opinions

  1. Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
  2. Franklin v. Atlantic Fire InsuranceSupreme Court of Missouri · 1868
  3. Greer v. Lafayette County BankSupreme Court of Missouri · 1895
  4. Bergeron v. Pamlico Insurance & Banking Co.Supreme Court of North Carolina · 1892
  5. Rissler v. American Central InsuranceSupreme Court of Missouri · 1899

7 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Beswick v. National Casualty Co.Missouri Court of Appeals · 1920
  2. Lanowah Investment Co. v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1942
  3. Illinois Bankers' Life Ass'n v. DodsonCourt of Appeals of Texas · 1916
  4. State Life Insurance v. ThielIndiana Court of Appeals · 1939
  5. Daniel v. Aetna Life InsuranceMissouri Court of Appeals · 1931

2 more not listed; retrieve them via the Exa API.

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