Williams v. Bankers & Merchants' Town Mutual Fire Insurance
Missouri Court of Appeals
Appeal from the Wayne Circuit' Court. — Hon. James F. Green, Judge. Under the uneontradieted evidence in this case the house was log and box, and not frame, and there should have been a finding for defendant on this issue alone. Moreover, it was not ceiled as warranted, and was worth much less than the warranted value. Loehner v. Ins. Go., 17 Mo. 247, 255; Lama v. Ins. Co., 51 Mo. App. 450; Maddox v. Ins. Go., 56 Id. 343; Brooks v. Ins.
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Appeal from the Wayne Circuit' Court. — Hon. James F. Green, Judge. Under the uneontradieted evidence in this case the house was log and box, and not frame, and there should have been a finding for defendant on this issue alone. Moreover, it was not ceiled as warranted, and was worth much less than the warranted value. Loehner v. Ins. Go., 17 Mo. 247, 255; Lama v. Ins. Co., 51 Mo. App. 450; Maddox v. Ins. Go., 56 Id. 343; Brooks v. Ins. Co., 11 Id. 349;. School District v. Ins. Co., 61 Id. 597. Such slight matters as a distinction between a box house and a frame should not be permitted to…
1Opinion of the CourtBland, P. J.
This action is on a policy of insurance covering $350 on a building described in the policy and in the application for insurance, as a “one story, shingle roof frame building and additions adjoining and communicating,” situated in Wayne county, Missouri. The policy contained a warranty of both the description of the house and its value. There was a written application for the policy, signed by the plaintiff by his mark, which is as follows:
*609“Application of John P. Williams for indemnity, by the Bankers’ and Merchants’ Town Mutual Fire Insurance Company of Liberty, Missouri, against loss or…
2Cases cited9 opinions
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
- Breckinridge v. American Central InsuranceSupreme Court of Missouri · 1885
- Franklin v. Atlantic Fire InsuranceSupreme Court of Missouri · 1868
- Thomas v. Hartford Fire InsuranceMissouri Court of Appeals · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Shotliff v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
- Ross-Langford v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1902
- Farber v. American Automobile InsuranceMissouri Court of Appeals · 1915
7 more not listed; retrieve them via the Exa API.