Jackson v. German Insurance
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Hon. M. G. McGregor, Judge. Statement of case by the court. This is an action to recover on a fire insurance policy. The evidence tends to show that the plaintiffs are husband and wife, colored people, living in the city of Carthage. They were unlettered, and unfamiliar with the transaction of matters pertaining to insurance policies. They owned a small house and some furniture,' situated in said town.
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Appeal from Jasper Circuit Court, Hon. M. G. McGregor, Judge. Statement of case by the court. This is an action to recover on a fire insurance policy. The evidence tends to show that the plaintiffs are husband and wife, colored people, living in the city of Carthage. They were unlettered, and unfamiliar with the transaction of matters pertaining to insurance policies. They owned a small house and some furniture,' situated in said town. The defendant had established a general agency for the state (it being a non-resident corporation), at the city of Carthage, in charge of one Calhoon as its…
1Opinion of the CourtPhilips, P. J.
The demurrer to plaintiffs’ evidence was properly overruled. A demurrer admits the truth of the facts testified to by the witnesses, and every reasonable inference that may be drawn therefrom. Noeninger v. Vogt, 88 Mo. 587. The real contention in this case was, as to whether or not the defendant had, by its conduct, acts, or declarations, waived a strict compliance with the provision of the policy respecting the payment of the premium note up to the time of the loss.
The agent at Carthage, who effected this contract of insurance, was the state agent of defendant, clothed with power to make…
2Cases cited12 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- First National Bank v. PeckSupreme Court of Kansas · 1871
- Franklin v. Atlantic Fire InsuranceSupreme Court of Missouri · 1868
- Pelkington v. National InsuranceSupreme Court of Missouri · 1874
- Horwitz v. Equitable Mutual InsuranceSupreme Court of Missouri · 1867
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3Cited by1 opinion
- Procter v. LoomisMissouri Court of Appeals · 1889