Cagle v. Chillicothe Town Mutual Fire Insurance
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — TIon. J. D. Perkins, Judge. . (1) It being admitted by the evidence that the property at the time of the application and issuing of the policy was incumbered for $1,000, renders the policy void. AYolf, Adm’r, v. Ins. Co., 1 Mo. App. Bep. 310; Lama v. Ins. Co., 51 Mo. App. 447; Barnes v. Ins. Oo., 30 Mo. App. 539; Men-sing v. Ins. Oo., 36 Mo.
Read the full summary
Appeal from the Jasper Circuit Court. — TIon. J. D. Perkins, Judge. . (1) It being admitted by the evidence that the property at the time of the application and issuing of the policy was incumbered for $1,000, renders the policy void. AYolf, Adm’r, v. Ins. Co., 1 Mo. App. Bep. 310; Lama v. Ins. Co., 51 Mo. App. 447; Barnes v. Ins. Oo., 30 Mo. App. 539; Men-sing v. Ins. Oo., 36 Mo. App, 602. (2) The clause in tbe application (and by the terms of the policy made a part thereof), “that any incumbrance shall avoid the policy unless written consent of the secretary is obtained,” is a valid and…
1Opinion of the CourtGill, J.
On the twelfth day of April, 1897, defendant issued its policy insuring plaintiff’s frame building in Carthage for the sum of $1,000. In less than a month thereafter the building was destroyed by fire. Defendant refusing to pay the loss, this suit was brought, resulting in a verdict and judgment for $681.74 in plaintiff’s favor and defendant appealed.
The defenses relied on were: that at the time the policy was applied for and issued there were two mortgages aggregating $1,000 on the property, and which were not mentioned in plaintiff’s application; that in said application plaintiff stated…
2Cases cited2 opinions
- Lama v. Dwelling-House Ins. Co.Missouri Court of Appeals · 1892
- Wolf v. Dwelling House InsuranceMissouri Court of Appeals · 1898
3Cited by4 opinions
- Bearden v. Countryside Casualty CompanyMissouri Court of Appeals · 1961
- Allesina v. London InsuranceOregon Supreme Court · 1904
- Buck v. Stuyvesant InsuranceMissouri Court of Appeals · 1922
- Hollenbeck & Co. v. Mercantile Town Mutual Fire InsuranceMissouri Court of Appeals · 1908