Rogers v. Western Home Town Mutual Fire Insurance
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Hon. 17. N. Evans, Judge. (1) There was no case made out against the appellant herein, in this: petition fails to allege ownership in the property at the time of issuance of policy, and failure to plead ownership at the time of fire, which was absolutely necessary. The plaintiff utterly failed in both these instances. The record shows these points were left out.
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Appeal from Howell Circuit Court. — Hon. 17. N. Evans, Judge. (1) There was no case made out against the appellant herein, in this: petition fails to allege ownership in the property at the time of issuance of policy, and failure to plead ownership at the time of fire, which was absolutely necessary. The plaintiff utterly failed in both these instances. The record shows these points were left out. He simply sued on the policy, recovered judgment and the judgment can not stand, because of the failure of proof. Before plaintiff' can recover at all he must show ownership at issuance of policy.…
1Opinion of the CourtBland, P. J.
The suit is on an insurance policy to recover the sum of three hundred and fifty dollars with interest, damages and attorney’s fees. A jury was waived and a judgment was rendered, by the court sitting as a jury, for plaintiff. It is admitted that appellant is a town mutual fire insurance company organized under the laws of the State. The only question presented by appellant for review is as to the sufficiency of the petition to support a judgment after verdict. Appellant’s contention is that the petition does not allege ownership in the respondent, of the property lost by fire, either at the…
2Cases cited15 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Grove v. City of KansasSupreme Court of Missouri · 1882
- Edmonson v. PhillipsSupreme Court of Missouri · 1880
- People's Bank v. ScalzoSupreme Court of Missouri · 1895
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
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3Cited by2 opinions
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Gover v. ClevelandMissouri Court of Appeals · 1957