Browne v. Clay Fire & Marine Insurance
Supreme Court of Missouri
Appeal from Jackson Special Law and Equity Court. — Hon. B. E Cowan, Judge. argued that instruction No. 9 should have been given, citing Newmark v. Liverpool ‡ London Ins. Co., 30 Mo. 160; Howard v. City Fire Ins. Co., 4 Denio (N. Y.) 502; Ehcenix Ins. Co. v. Laiorence, 4 Met. (By.) 9; Blackley’s Ins. Big., § 14, p. 264; Regnier o. Louisiana. S. M. Ins.
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Appeal from Jackson Special Law and Equity Court. — Hon. B. E Cowan, Judge. argued that instruction No. 9 should have been given, citing Newmark v. Liverpool ‡ London Ins. Co., 30 Mo. 160; Howard v. City Fire Ins. Co., 4 Denio (N. Y.) 502; Ehcenix Ins. Co. v. Laiorence, 4 Met. (By.) 9; Blackley’s Ins. Big., § 14, p. 264; Regnier o. Louisiana. S. M. Ins. Co., 12 La. 336; also, that instruction No. 2, given for the plaintiff, should have been refused, citing Thomas v. Babb, 45 Mo. 384. argued that the proofs were required by the conditions of the policy, and the affidavit was exacted by the…
1Opinion of the CourtHenry, J.
This was an action on a policy of insurance, issued by defendant, on a dwelling house and a lot of wine and vineger stored in the cellar of the dwelling house, to the amount of $2,100. The petition alleged the destruction of the property insured by fire on the 4th day of July, 1874, and a compliance, by plaintiff, with all the conditions of the policy.
The defenses relied upon were: First, That the plaintiff, at the time of procuring the policy, fraudulently placed an over-valuation upon the property insured by means whereof defendant was induced to issue to him the policy sued on; Second,…
2Cases cited2 opinions
- Newmark v. Liverpool & London Fire & Life InsuranceSupreme Court of Missouri · 1860
- Howard v. City Fire InsuranceNew York Supreme Court · 1847
3Cited by9 opinions
- Wagner v. Edison Electric Illuminating Co.Supreme Court of Missouri · 1903
- Walker v. Phœnix InsuranceMissouri Court of Appeals · 1895
- Hall v. Western Underwriters' Ass'nMissouri Court of Appeals · 1904
- Tiller v. Farmers' Mutual Fire InsuranceMissouri Court of Appeals · 1927
- State ex rel. Johnson v. TrueMissouri Court of Appeals · 1886
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