Russell & Co. v. State Ins.
Supreme Court of Missouri
Appeal from, Linn Circuit Court. I. Under an averment of performance, evidence showing an excuse for non-performance cannot be given. (Pier vs. Heinri chollen^ 52 Mo., 333 ; 4 Sandf, 665; 3 Abb. Pr., 562; 29 Iowa., 104; 12 Tex., 118 ; 7 Barb;, 167-71; 2 Wend.. 399 ; 8 Johns., 392; 9 Johns., 115; 3 Johns., 528, 11 N. Y., 25-33.) II. Where insurance in a specially named company is permitted, it cannot be renewed without consent of the insurer in another company.
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Appeal from, Linn Circuit Court. I. Under an averment of performance, evidence showing an excuse for non-performance cannot be given. (Pier vs. Heinri chollen^ 52 Mo., 333 ; 4 Sandf, 665; 3 Abb. Pr., 562; 29 Iowa., 104; 12 Tex., 118 ; 7 Barb;, 167-71; 2 Wend.. 399 ; 8 Johns., 392; 9 Johns., 115; 3 Johns., 528, 11 N. Y., 25-33.) II. Where insurance in a specially named company is permitted, it cannot be renewed without consent of the insurer in another company. I. Defendant’s waiver of time could be proved without being pleaded. (St. Louis Ins. Co. vs. Kyle, 11 Mo., 278; Martin vs. Fishing…
1Opinion of the CourtNapton, Judge
This suit was upon a policy of insurance, to recover the amount of $2,500, alleged to have been lost in the destruction of the premises by fire. The only allegation in the petition, about which there is any question, is the following: “That on 'or about the 12th day of April, 1871, the property insured by the defendant, and at that date owned by plaintiffs, was destroyed by fire, and that within thirty days thereafter, to-wit: on April 15th, 1871, plaintiffs did give notice of said loss to said company and delivered at its office in Hannibal, Mo., a particular account of said loss, as…
2Cases cited3 opinions
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
- Elfrank ex rel. Elfrank v. SeilerSupreme Court of Missouri · 1873
- Scharringhausen v. LuebsenSupreme Court of Missouri · 1873
3Cited by27 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Lanitz v. KingSupreme Court of Missouri · 1887
- Pomeroy v. BentonSupreme Court of Missouri · 1874
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
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