Kabrich v. State Insurance
Missouri Court of Appeals
Appeal from the Callaway Circuit Court. — Hon. J. A. Hock ad ay, Judge. (1) The court erred in striking out part of plaintiff ’s petition. In this action the plaintiff had the right to set up the facts constituting the contract and estop defendant from claiming a forfeiture. 42 Mo. 456; 43 Mo. 148 ; 52 Mo. 181. (2) The court erred in excluding plaintiff’s evidence.
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Appeal from the Callaway Circuit Court. — Hon. J. A. Hock ad ay, Judge. (1) The court erred in striking out part of plaintiff ’s petition. In this action the plaintiff had the right to set up the facts constituting the contract and estop defendant from claiming a forfeiture. 42 Mo. 456; 43 Mo. 148 ; 52 Mo. 181. (2) The court erred in excluding plaintiff’s evidence. The plaintiff offered to prove (after defendant introduced evidence of a transfer) that the plaintiff or the agent, neither one knew that the policy contained the provisions in contention; and further that the agent told plaintiff,…
1Opinion of the CourtGill, J.
On November 5, 1888, the defendant by its policy insured for the period of one year one W. G. Nicum against loss or damage by fire on his farmhouse in Audrain county, “loss if any payable to George Kabrich, mortgagee, as his interest may appear.” On August 18, 1889, the building was destroyed by fire. Subsequently, the mortgagee Kabrich brought this suit. In his petition, and all in one count, in addition to the usual allegations common to actions at law on the contract of insurance, it was further alleged that certain conditions printed in the body of the policy and relating to the…
2Cases cited2 opinions
- Henderson v. DickeySupreme Court of Missouri · 1872
- Griswold v. American Central InsuranceMissouri Court of Appeals · 1876
3Cited by11 opinions
- Prudential Insurance Co. of America v. German Mutual Fire InsuranceMissouri Court of Appeals · 1937
- Senor v. Western Millers' Mutual Fire InsuranceSupreme Court of Missouri · 1904
- Prudential Insurance v. German Mutual Life Insurance Ass'nMissouri Court of Appeals · 1933
- Gardner v. Continental Ins.Court of Appeals of Kentucky · 1907
- Ritchie Count Bank v. Fireman's InsuranceWest Virginia Supreme Court · 1904
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