Steinberg v. Phœnix Insurance
Missouri Court of Appeals
Appeal from the Lincobi Circuit Court. — Hon. E. M. Hughes, Judge. (1) This being a suit in equity the appellate court-is not bound by the findings of the court below upon questions of fact, but will exercise a supervisory control over the lower courts in a case like this, and, if not fully satisfied with the conclusions of fact reached by the trial court, will reject them and make findings of" its own. McFlroy v. Maxwell, 101 Mo. 295; Bennev..
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Appeal from the Lincobi Circuit Court. — Hon. E. M. Hughes, Judge. (1) This being a suit in equity the appellate court-is not bound by the findings of the court below upon questions of fact, but will exercise a supervisory control over the lower courts in a case like this, and, if not fully satisfied with the conclusions of fact reached by the trial court, will reject them and make findings of" its own. McFlroy v. Maxwell, 101 Mo. 295; Bennev.. Schnecko, 100 Mo. 250. (2) The evidence was not. sufficient to authorize the findings and decree of the court, and the court, therefore, erred in…
1Opinion of the CourtRombauer, P. J.
This is a suit in equity. The plaintiff’s petition prays for a reformation of a fire insurance policy, and for judgment upon the policy thus reformed. Upon the trial there was judgment in conformity with the prayer of the petition. The defendant, appealing, assigns for error that the judgment 'of reformation is not supported by the weight of the evidence, nor by any evidence, and that, in absence of reformation, the defendant was entitled to judgment upon the conceded facts.
A preliminary question arises as to the bill of exceptions. The plaintiff claims it forms no part of the record, and…
2Cases cited10 opinions
- American Insurance v. NeibergerSupreme Court of Missouri · 1881
- Hamilton v. Home InsuranceSupreme Court of Missouri · 1887
- Tesson v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1867
- Forrester v. ScovilleSupreme Court of Missouri · 1873
- Fulkerson v. HoutsSupreme Court of Missouri · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Span v. Jackson-Walker Coal & Mining Co.Supreme Court of Missouri · 1929
- Galemore v. HaleyMissouri Court of Appeals · 1971
- Brookfield v. Drury CollegeMissouri Court of Appeals · 1909
- Benn v. PritchettSupreme Court of Missouri · 1901
- Home Fire Insurance v. WoodNebraska Supreme Court · 1897
8 more not listed; retrieve them via the Exa API.