Thackery Mining & Smelting Co. v. American Fire Insurance
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) Even if the defendant’s agent had promised plaintiff to issue it a poliey of insurance that would insure the mining plant when idle, as well as when running, and when vacant ás well as occupied, it was, nevertheless, the duty of plaintiff to read the policy, and if not in accordance with the agreement to speedily return it. Not having done so-, it is bound by its conditions as written. McHoney v. Ins.
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Appeal from the Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) Even if the defendant’s agent had promised plaintiff to issue it a poliey of insurance that would insure the mining plant when idle, as well as when running, and when vacant ás well as occupied, it was, nevertheless, the duty of plaintiff to read the policy, and if not in accordance with the agreement to speedily return it. Not having done so-, it is bound by its conditions as written. McHoney v. Ins. Co., 52 Mo. App. 94; Ins. Co. v. Neiberger, 74 Mo. 167. (2) There is no question of waiver or estoppel in this case. It is…
1Opinion of the Court
(till, J.
This is an action, on a fire insurance policy for $1,000, executed by the defendant and covering the buildings and machinery of a, mining plant owned by the plaintiff at.Joplin. The defense relied on was a violation of the following clause in the policy:
“This entire policy, unless otherwise provided by agreement, indorsed hereon, or added hereto, shall be void, if the subject of insurance be a manufacturing establishment and it be operated in whole or in part at night later than ten o’clock, or if it cease to be operated for more than ten days.”
In-its answer, defendant claimed that…
2Cases cited8 opinions
- Breckinridge v. American Central InsuranceSupreme Court of Missouri · 1885
- Franklin v. Atlantic Fire InsuranceSupreme Court of Missouri · 1868
- Pelkington v. National InsuranceSupreme Court of Missouri · 1874
- Hamilton v. Home InsuranceSupreme Court of Missouri · 1887
- Anthony v. German American InsuranceMissouri Court of Appeals · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- German Insurance v. ShaderNebraska Supreme Court · 1903
- Bledsoe v. Farm Bureau Mutual Insurance Co.Missouri Court of Appeals · 1960
- Summers v. AlexanderSupreme Court of Oklahoma · 1911
- Hackett Bros. v. Philadelphia UnderwritersMissouri Court of Appeals · 1899
- J. W. Gillum & Co. v. Fire Ass'nMissouri Court of Appeals · 1904
1 more not listed; retrieve them via the Exa API.