Marion v. Great Republic Insurance
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. False''swearing in respect to said loss or damage, by the terms of the policy, discharged defendant. False swearing in the premises could occur in two ways: 1. By plaintiff making the affidavit knowing its contents to be false. 2. By plaintiff swearing to material statements as being facts, without knowing whether they were facts or not.
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Appeal from St. Louis Circuit Court. I. False''swearing in respect to said loss or damage, by the terms of the policy, discharged defendant. False swearing in the premises could occur in two ways: 1. By plaintiff making the affidavit knowing its contents to be false. 2. By plaintiff swearing to material statements as being facts, without knowing whether they were facts or not. Under the first head, we do not complain of the action of the court below ; the proper instruction was given. Under the second head, we maintain that the court erred in refusing to give the instruction asked by…
1Opinion of the CourtBates, Judge
This is a suit upon a policy of insurance of a stock of goods in a store in St. Louis. The policy required the assured on sustaining loss or damage by fire, forthwith to give notice thereof to the Company, and as soon after as possible to deliver in a particular account of his loss or damage, signed with his own hand, and verified by his oath or affirmation. The policy also provided, that if there appear any fraud or false swearing, the insured shall forfeit all claim *150under this policy. The answer set up, that after the loss the plaintiff had given the defendant a false and fraudulent account…
2Cited by18 opinions
- United States v. Ninety-Nine DiamondsCourt of Appeals for the Eighth Circuit · 1905
- Insurance Cos. v. ScalesTennessee Supreme Court · 1899
- Dogge v. Northwestern National InsuranceWisconsin Supreme Court · 1880
- Edson v. FahySupreme Court of Missouri · 1960
- Gould v. MFA Mutual Insurance CompanyMissouri Court of Appeals · 1960
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