Deuchler v. Farmers' Fire Insurance
Missouri Court of Appeals
Appeal from the LaFayeite Circuit Court. — Hon.Richaru Field, Judge. (1) The court erred in granting instruction 1 for defendant. It is the duty of the court to tell the jury what are the essential facts to be determined. Proctor v. Loomis, 35 Mo. App. 488; McGinnis v. Railroad, 21 Mo. App. 399; Fleischmann v. Miller, 38 Mo. App. 177; Bruemler v. Shenuit, 15 Mo. App. 192; Gessley v. Railroad, 26 Mo. App. 156; McMivrray v. Mcvrtin, 26 Mo.
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Appeal from the LaFayeite Circuit Court. — Hon.Richaru Field, Judge. (1) The court erred in granting instruction 1 for defendant. It is the duty of the court to tell the jury what are the essential facts to be determined. Proctor v. Loomis, 35 Mo. App. 488; McGinnis v. Railroad, 21 Mo. App. 399; Fleischmann v. Miller, 38 Mo. App. 177; Bruemler v. Shenuit, 15 Mo. App. 192; Gessley v. Railroad, 26 Mo. App. 156; McMivrray v. Mcvrtin, 26 Mo. App. 437. (2) It is confusing and calculated to mislead the jury. Price v. Breckenridge, 92 Mo. 378; Paint Co. v. Cordon, 92 Mo. 22, and authorities, supra.…
1Opinion of the CourtSmith, P. J.
This was a suit on an insurance policy issued by defendant for $1,000 against loss by fire and lightning upon plaintiff’s flour, grain, etc.
The answer was, first, a general denial except as to the execution of the policy, which was admitted; second, an allegation that when plaintiff made proof of his loss he knowingly, wilfully and fraudulently under his oath made misrepresentations and concealments, and was thereby guilty of false swearing about said property, books and the cause of the fire, etc.; whereby he forfeited all his rights under the terms of the policy, etc.; and, third, that the…
2Cited by1 opinion
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