Trundle v. Providence-Washington Insurance
Missouri Court of Appeals
Appeal from, the Vernon Circuit Cowrt. — Hon. D. P. Steatton, Judge. (1) The evidence clearly shows that the policy was delivered upon condition that the Lancashire policy be surrendered, which was never done. (2) The evidence clearly shows that the premium for the policy had never been paid, nor was credit given therefor. Union Bld’g Ass’n v. Ins. Co., 49 N. W. Rep. 1032. (3) The evidence clearly shows that the Lancashire policy was in full force at the time of the fire.
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Appeal from, the Vernon Circuit Cowrt. — Hon. D. P. Steatton, Judge. (1) The evidence clearly shows that the policy was delivered upon condition that the Lancashire policy be surrendered, which was never done. (2) The evidence clearly shows that the premium for the policy had never been paid, nor was credit given therefor. Union Bld’g Ass’n v. Ins. Co., 49 N. W. Rep. 1032. (3) The evidence clearly shows that the Lancashire policy was in full force at the time of the fire. No notice had been given to Mrs. Trundle of the company’s desire to cancel, and notice to Mr. Trundle, although he was…
1Opinion of the CourtSmith, P. J.
— This is an action on a policy of insurance. It appears that at the November term, 1891, of the court the cause was tried, which resulted in a verdict and judgment for defendant. The plaintiff thereupon filed a motion for a new trial, which went ‘Over to the next term, when it was sustained. The *192defendant thereupon perfected an appeal to this court-from the order granting the new trial.
At the last named term, after the appeal had been taken, the cause was called for trial, and, against the objections of the defendant that no further trial of the-cause could be had until the defendant’s…
2Cases cited13 opinions
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
- Franklin v. Atlantic Fire InsuranceSupreme Court of Missouri · 1868
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Vaughn v. Great American Insurance CompanyMissouri Court of Appeals · 1965
- Ess v. GriffithSupreme Court of Missouri · 1895
- Riggs ex rel. Riggs v. Ash Grove Lime & Portland Cement Co.Supreme Court of Kansas · 1930
- Rosencrans v. North American InsuranceMissouri Court of Appeals · 1896
- Thackery Mining & Smelting Co. v. American Fire InsuranceMissouri Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.