Johnson v. Phoenix Insurance
Missouri Court of Appeals
Appeal from the Caldwell Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) No recovery should have been permitted in this case because of the failure of assured, or her assignee, to offer to appraise the loss. The policy conditions on the subject are the same as in Murphy v. Ins. Go., 61 Mo. App. 322; McNees v. Ins. Co., 61 Mo.
Read the full summary
Appeal from the Caldwell Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) No recovery should have been permitted in this case because of the failure of assured, or her assignee, to offer to appraise the loss. The policy conditions on the subject are the same as in Murphy v. Ins. Go., 61 Mo. App. 322; McNees v. Ins. Co., 61 Mo. App. 335. (2)” The offer of assignee Durland to appraise while his suit on the policy was pending, does not help plaintiff, because Durland’s right to recover depended on his having performed the conditions of the policy before bringing his action. The company had the…
1Opinion of the CourtGill, J.
statement. Prior to April 2, 1893, a Mrs. Burkett conducted a millinery business at Breckenridge, Missouri. Her residence and store were in the same building. Her millinery stock and household goods were insured by the defendant — $500 on the former and $250 on the latter. At the date above mentioned the building with the entire contents was destroyed by fire. Shortly after the fire Mrs. Burkett assigned her rights in the policy to one Durland, of Centraba, Kansas, who, it seems, was a creditor of Mrs. Burkett, and who took the claim in trust, agreeing to collect, and after paying $300 of the…
2Cases cited2 opinions
- Murphy v. Northern British & Mercantile Co.Missouri Court of Appeals · 1895
- Bowen v. LazalereSupreme Court of Missouri · 1869
3Cited by4 opinions
- Jacobs v. Queen Insurance Co. of AmericaMichigan Supreme Court · 1917
- Messler v. Williamsburg City F. Ins. Co.Supreme Court of Rhode Island · 1920
- Ciapanna v. Lincoln Fire InsuranceOregon Supreme Court · 1936
- Thompson v. Turney Bros.Missouri Court of Appeals · 1905