Legal Opinion

Harndon v. Southern Surety Co.

Missouri Court of Appeals

Decided March 25, 1921Published

Appeal from Circuit Court of Jasper County. — Hon. Grant Emerson, Judge. (1) “Immediate' notice provided for by policies is of the essence of the contract and a breach of such provision will prevent a recovery under the policy on the ground of non-performance of a condition precedent. That is the holding of the courts of Missouri.” U. S. F. & G-. Co. v. Carmichael Co., 190 S. W., 648, 195, Mo. App. 93; Nat’l Paper Box Co. v. Aetna Life Ins. Co., 170 Mo.

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Appeal from Circuit Court of Jasper County. — Hon. Grant Emerson, Judge. (1) “Immediate' notice provided for by policies is of the essence of the contract and a breach of such provision will prevent a recovery under the policy on the ground of non-performance of a condition precedent. That is the holding of the courts of Missouri.” U. S. F. & G-. Co. v. Carmichael Co., 190 S. W., 648, 195, Mo. App. 93; Nat’l Paper Box Co. v. Aetna Life Ins. Co., 170 Mo. App. 361, 156 S. W. 740; Liability Asso. Corp. v. Light & Power Co., 63 N. E. 54. (2) There was no forfeiture clause, no stipulation that a…

1Opinion of the CourtFarrington, J.

Plaintiffs, composing a partnership, recovered a judgment against the defendant, based upon a loss sustained by them to two of their employees, occasioned by an alleged negligent manner of operating a mine. Plaintiffs carried a policy of liability indemnity in defendant company at the time the injury was sustained by the employees of the plaintiffs.

The facts surrounding this suit grow out of the same transactions as those in the suit of Tiarndon v. Southern Surety Company, decided by this court, reported in 200 Mo. App. 162, 204 S. W. 34, and in addition to the facts stated here we refer to…

Also in this document: Concurrence.

2Cases cited1 opinion

  1. Harnden v. Southern Surety Co.Missouri Court of Appeals · 1918

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