Brownfield v. Phœnix Insurance
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — Hon. E. M. Hughes, Judge. The court erred in admitting the policy in evidence. By plaintiffs’ reply the policy was issued after the fire, and was void by its terms and they were not entitled to recover on it. Defendant’s demurrer to this evidence should have been sustained. Under the pleadings, the policy was not competent evidence. Plaintiffs’ reply entirely changed the cause of action.
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Appeal from the Pike Circuit Court. — Hon. E. M. Hughes, Judge. The court erred in admitting the policy in evidence. By plaintiffs’ reply the policy was issued after the fire, and was void by its terms and they were not entitled to recover on it. Defendant’s demurrer to this evidence should have been sustained. Under the pleadings, the policy was not competent evidence. Plaintiffs’ reply entirely changed the cause of action. If, under the pleadings, plaintiffs were entitled to recover at all it was on a verbal contract of May 19, and proof of such contract should have been made. The court…
1Opinion of the CourtBiggs, J.
This is a suit instituted on a policy of fire insurance, by which plaintiffs allege that the defendant agreed and *59contracted with plaintiffs to insure their stock of goods against loss by lire for the period of one year, beginning on the nineteenth day of May, 1885, and ending on the nineteenth day of May, 1886. That afterwards, to-wit, on the twenty-fifth day of May, 1885, said stock of goods of the value of about three thousand dollars, was destroyed by fire.
Defendant denies that at the time of the loss, plaintiffs’ goods were insured by defendant. That said stock of goods was destroyed on…
2Cases cited5 opinions
- City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
- Lightbody v. North American InsuranceNew York Supreme Court · 1840
- Keim v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1867
- Baldwin v. Chouteau InsuranceSupreme Court of Missouri · 1874
- E. S. Brownfield & Brother v. Phœnix Insurance Co. of LondonMissouri Court of Appeals · 1887
3Cited by3 opinions
- Bearup v. Equitable Life Assur. Soc. of the U.S.Supreme Court of Missouri · 1943
- Trask v. German InsuranceMissouri Court of Appeals · 1893
- Worth v. German InsuranceMissouri Court of Appeals · 1896