Rodgers v. Western Home Town Mutual Fire Insurance
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. There was no case made out against appellant because the petition fails to allege ownership in the property at the time of the issuance of the policy, and fails to plead ownership at the time of the fire. Before plaintiff can recover at all lie must show ownership at the time of the issuance of the policy. Story v. Ins. Co., 61 Mo. App. 534; Harness v. Ins. Co., 62 Mo. App. 245; Clevinger v. Ins. Co., 71 Mo. App. 73; Wolf v. Ins.
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Transferred from St. Louis Court of Appeals. There was no case made out against appellant because the petition fails to allege ownership in the property at the time of the issuance of the policy, and fails to plead ownership at the time of the fire. Before plaintiff can recover at all lie must show ownership at the time of the issuance of the policy. Story v. Ins. Co., 61 Mo. App. 534; Harness v. Ins. Co., 62 Mo. App. 245; Clevinger v. Ins. Co., 71 Mo. App. 73; Wolf v. Ins. Co., 75 Mo. App. 306. (1) The petition was sufficient, the evidence sustaining the allegations of the petition, the…
1Opinion of the CourtMarshall, J.
— This is an action on a five hundred dollar fire insurance policy to recover two hundred dollars for the loss of a certain frame' house, one ■> hundred and fifty dollars for the household and kitchen furniture therein, with ten per cent thereon for vexatious delay, and fifty dollars attorney’s fee, as provided by section 8012, Revised Statutes 1899. The plaintiff recovered a judgment in the circuit court for three hundred and ninety dollars and twenty-five cents, being two hundred dollars for the house, one hundred and thirty-five dollars and twenty-five cents for_ the furniture, thirty…
2Cases cited10 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Grove v. City of KansasSupreme Court of Missouri · 1882
- People's Bank v. ScalzoSupreme Court of Missouri · 1895
- Hurst v. City of Ash GroveSupreme Court of Missouri · 1888
- Story v. American Central InsuranceMissouri Court of Appeals · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- Anderson v. Inter-River Drainage & Levee DistrictSupreme Court of Missouri · 1925
- Davis v. Springfield HospitalMissouri Court of Appeals · 1920
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Stephens v. D. M. Oberman Manufacturing Co.Supreme Court of Missouri · 1934
13 more not listed; retrieve them via the Exa API.