Vining v. Franklin Fire Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Penibrook P. PlUcraft, Judge. STATEMENT OE THE CASE. The destroyed household goods, which are the subject-matter of this litigation, were owned at the time the fire occurred, to-wit, December 16, 1897, by tbe appellant. She and Charles L. Yining, her brother, were the unmarried children of Mrs. H. B. Yining, who died June 5, 1897. There were several brothers and sisters who were married.
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Appeal from St. Louis City Circuit Court. — Hon. Penibrook P. PlUcraft, Judge. STATEMENT OE THE CASE. The destroyed household goods, which are the subject-matter of this litigation, were owned at the time the fire occurred, to-wit, December 16, 1897, by tbe appellant. She and Charles L. Yining, her brother, were the unmarried children of Mrs. H. B. Yining, who died June 5, 1897. There were several brothers and sisters who were married. Charles L. Yining was a travelling salesman and supported his mother and sister. Their home which was in Shrewsbury Park, had been furnished by him comfortably…
1Opinion of the CourtGoode, J.
Strong presentations of both sides of this cause have assisted us. We shall not go into the inquiry whether error was committed in refusing the appellant the right to a jury trial, as the conclusion we have reached about the case renders the consideration of that point unnecessary. If the court was wrong in holding that the equitable defense pleaded in the answer, and the affirmative relief prayed in connection therewith made the whole case one for equitable cognizance, it was an error the respondent invited and it can not complain, therefore, if we dispose of the appeal on the same theory.…
2Cases cited25 opinions
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- Henning v. United States InsuranceSupreme Court of Missouri · 1871
- Hill v. Meyer Brothers' Drug Co.Supreme Court of Missouri · 1897
- New York Central Insurance v. WatsonMichigan Supreme Court · 1871
- Salisbury v. Hekla Fire InsuranceSupreme Court of Minnesota · 1884
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3Cited by15 opinions
- Curtis v. Indemnity Co. of AmericaSupreme Court of Missouri · 1931
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Carp v. Queen Insurance Co. of AmericaMissouri Court of Appeals · 1904
- Cullen v. Insurance Co. of North AmericaMissouri Court of Appeals · 1907
- Manley v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1906
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