Scott v. German Insurance
Missouri Court of Appeals
Appeal from the Wayne Circuit Court. — Hon. James F. Green, Judge. The court erred in . not sustaining defendant’s demurrers at the close of the evidence. Sheehan v. Ins. Co., 53 Mo. App. 356, 357; Maddox v. Ins. Co., 56 Id. 347; Ehrlichv. Ins. Co., 103 Mo. 240, 243, 244. The receipt of proofs out of time, without objections, can not be treated as a waiver of the requirements to furnish them within time. Cohn v. Ins. Co., 62 Mo. App. 274; Leigh v. Ins.
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Appeal from the Wayne Circuit Court. — Hon. James F. Green, Judge. The court erred in . not sustaining defendant’s demurrers at the close of the evidence. Sheehan v. Ins. Co., 53 Mo. App. 356, 357; Maddox v. Ins. Co., 56 Id. 347; Ehrlichv. Ins. Co., 103 Mo. 240, 243, 244. The receipt of proofs out of time, without objections, can not be treated as a waiver of the requirements to furnish them within time. Cohn v. Ins. Co., 62 Mo. App. 274; Leigh v. Ins. Go., 37 Id. 542; Hanna v. Ins. Co., 36 Id:542, and citation. See, also, Siebert v. Chosen Friends, 23 Mo. App. 272. The testimony of…
1Opinion of the CourtBond, J.
Plaintiffs recovered judgment on an insurance policy, covering a dwelling house, smoke house and personal property for $772.97. Defendant appealed.
Proofs of loss: evidence: finding. It is insisted that the evidence adduced to show that proofs of loss were duly furnished was insufficient for that purpose. The fire happened on the eighth of October, 1894. The defendant is a nonresident corporation. Banks and Harrison are state agents in Missouri. There was evidence tending to prove that plaintiffs sent proofs of loss to the defendant on the second of November, 1894; that they also sent proofs…
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