Kern v. South St. Louis Mutual Insurance
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The plaintiff took out a policy in this case and became a member of the defendant’s company on the 28th of November, 1862. The insurance effected was to the amount of five thousand dollars — twenty-five hundred on the two-story brick building, and the same sum on stock in wagonmaker’s and blacksmith’s shop therein, situated on the northwest corner of Third and Lombard streets in St. Louis.
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Appeal from St. Louis Circuit Court. The plaintiff took out a policy in this case and became a member of the defendant’s company on the 28th of November, 1862. The insurance effected was to the amount of five thousand dollars — twenty-five hundred on the two-story brick building, and the same sum on stock in wagonmaker’s and blacksmith’s shop therein, situated on the northwest corner of Third and Lombard streets in St. Louis. The property was burnt January 8,1864. Due notice was given to defendant and proof of loss made. The defendant set up in answer to the petition, that after the…
1Opinion of the CourtFagg, Judge
This case was tried in the St. Louis Circuit Court, and both parties seem to have proceeded in the trial upon the theory that the question really in issue was whether the ad*25ditions and alterations made to tlie insured building by the plaintiff were such as materially to increase the risk and hazard from fire. This is a question of fact, and its determination is peculiarly within the province of the jury.
A question is presented for consideration here that was not raised in the court below, and is one that we are not authorized to pass upon. It refers to the force and effect to be given to a…
2Cases cited4 opinions
- Bowling v. McFarlandSupreme Court of Missouri · 1866
- Baker v. BerrySupreme Court of Missouri · 1866
- Hadwin v. Home Mutual InsuranceSupreme Court of Missouri · 1850
- Gardiner v. Piscataquis Mut. Fire Ins.Supreme Judicial Court of Maine · 1854
3Cited by8 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Co-operative Life Ass'n v. LefloreMississippi Supreme Court · 1876
- Pomeroy v. FullertonSupreme Court of Missouri · 1893
- Hanks v. HanksSupreme Court of Missouri · 1909
- State ex rel. Cooley v. SamuelsMissouri Court of Appeals · 1888
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