Gibson v. Missouri Town Mutual Ins.
Missouri Court of Appeals
Appeal from tbe Jackson Circuit Court. — Son. E. P. Oates, Judge. (1) Plaintiff’s pleadings admit that he failed to comply with the conditions of the contract requiring him to keep books, showing his purchases and sales, and to1 keep the same in a safe place, secure from' fire, which might destroy the building. There is no evidence whatever that there was any waiver of that condition.
Read the full summary
Appeal from tbe Jackson Circuit Court. — Son. E. P. Oates, Judge. (1) Plaintiff’s pleadings admit that he failed to comply with the conditions of the contract requiring him to keep books, showing his purchases and sales, and to1 keep the same in a safe place, secure from' fire, which might destroy the building. There is no evidence whatever that there was any waiver of that condition. Consequently, so far 'as the stock of wines, liquors, cigars and tobacco is concerned, plaintiff is not entitled to recover and the court should have sustained defendant’s motion for new trial. Crigler v. Ins.…
1Opinion of the Court
ELLISON, J".
—
This action is based ón a policy of fire insurance issued to plaintiff, insuring his building for $300, bis saloon fixtures for $300 and his stock of liquors, cigars and tobacco for $200, all in the town of Buckner. In the trial court -the finding was for plaintiff, save as to the insurance on the building. Defendant appeals.
The policy contained the following provision: “In ease the assured does not take an inventory of the.stock hereby covered at least once -a year during the life of this policy, and in the event that no inventory, of such stock has been made within one year…
2Cases cited4 opinions
- Parsons v. Knoxville Fire InsuranceSupreme Court of Missouri · 1896
- McCollum v. Niagara Fire InsuranceMissouri Court of Appeals · 1895
- Crigler v. Standard Fire InsuranceMissouri Court of Appeals · 1892
- Warren v. Bankers' & Merchants' Town Mutual Co.Missouri Court of Appeals · 1897
3Cited by20 opinions
- Duckworth v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1970
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Shinn v. West Virginia InsuranceWest Virginia Supreme Court · 1927
- Keet-Rountree Dry Goods Co. v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1903
- Farber v. American Automobile InsuranceMissouri Court of Appeals · 1915
15 more not listed; retrieve them via the Exa API.