American Paper Products Co. v. Continental Insurance
Missouri Court of Appeals
Appeal from the Circuit Court of Lincoln County. — Eon. Edgar B. Woolf oik, Judge. (1) The demurrer should have been sustained at the close of the plaintiff’s case because plaintiff’s own evidence showed that it was within the exceptions of the policy of insurance. If this was true at the close of the plaintiff’s case a fortiori it was true at the close of the whole case. Frisbie v. Fidelity Casualty Co., 133 Mo. App. 30; Cohn v. Nat. Ins. Co., 96 Mo.
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Appeal from the Circuit Court of Lincoln County. — Eon. Edgar B. Woolf oik, Judge. (1) The demurrer should have been sustained at the close of the plaintiff’s case because plaintiff’s own evidence showed that it was within the exceptions of the policy of insurance. If this was true at the close of the plaintiff’s case a fortiori it was true at the close of the whole case. Frisbie v. Fidelity Casualty Co., 133 Mo. App. 30; Cohn v. Nat. Ins. Co., 96 Mo. App. 315; GermauAmerican Ins. Co. v. Hyman, 94 Pac. 27; German Alliance Ins. Co. v. Hyman, 94 Pac. 27; Mitchell v. Potomac Ins. Co., 183 U. S.…
1Opinion of the Court
This is a suit upon a Sprinkler Leakage Policy which indemnified the plaintiff against all direct loss or damage by sprinkler leakage, except as provided in the policy. No question arises upon the form of the petition; nor over the fact that plaintiff's goods were damaged in the amount claimed by reason of the giving way of the sprinkler system, thereby flooding plaintiff's premises with water.
The answer was a general denial, coupled with a special defense as follows:
That it was provided that said policy was made and accepted subject to the foregoing stipulations and conditions, and to the…
2Cases cited4 opinions
- Commercial Insurance v. RobinsonIllinois Supreme Court · 1872
- Renshaw v. Missouri State Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1890
- Williamsburgh City Fire Ins. Co. of Brooklyn v. WillardCourt of Appeals for the Ninth Circuit · 1908
- Laker v. Royal Fraternal UnionMissouri Court of Appeals · 1902
3Cited by7 opinions
- American Mfg. Corp. v. National Union Fire Ins. Co.Supreme Court of Louisiana · 1942
- Hart-Bartlett-Sturtevant Grain Co. v. Aetna InsuranceSupreme Court of Missouri · 1956
- Freese v. St. Paul Mercury Indemnity Co.Missouri Court of Appeals · 1952
- Great American Ins. Co. of N. Y. v. O. K. Packing Co.Supreme Court of Oklahoma · 1949
- Morie v. New Jersey Manufacturers Indemnity InsuranceNew Jersey Superior Court Appellate Division · 1957
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