Matthews v. Phoenix Insurance
Missouri Court of Appeals
Appeal from Scott Circuit Court. — Hon. Henry G. Riley, Judge. (1) The plaintiffs by releasing'the railroad company destroyed the rights against the wrongdoer and disabled themselves from performing their obligation to the defendant to preserve its rights of subrogation, and therefore plaintiffs cannot exact from the defendant the performance of its obligation to pay to them the loss. Ins. Co. v. Bailroad, 74 Mo. App. 106 ; Pack-ham v. Ins.
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Appeal from Scott Circuit Court. — Hon. Henry G. Riley, Judge. (1) The plaintiffs by releasing'the railroad company destroyed the rights against the wrongdoer and disabled themselves from performing their obligation to the defendant to preserve its rights of subrogation, and therefore plaintiffs cannot exact from the defendant the performance of its obligation to pay to them the loss. Ins. Co. v. Bailroad, 74 Mo. App. 106 ; Pack-ham v. Ins. Co., 91 Md. 515, 50 L. B, A. 828; Highland v. Ins. Co., 209 Pa. 134; Kennedy v. Ins. Co., 91 N. W. 831, 50 L. B. A. 828; Ins. Co. v. Bailroad, 34 P'ac.…
1Opinion of the Court
REYNOLDS, P. J. —
Respondents, plaintiffs below, . commenced this action before a justice of the peace, to recover $200 for loss of property by fire, the property destroyed covered by an insurance policy issued by defendant, appellant here. Defendant filed a written answer and what it designates as a counterclaim before the justice. This answer admitted the issue of the policy, but set out that one of the condi-' tions of it was that if the defendant insurance company ■ should claim that the fire complained of was caused by the act or negligence of any person or corporation, it (the…
2Cases cited3 opinions
- State ex rel. St. Louis Dressed Beef & Provision Co. v. NixonSupreme Court of Missouri · 1911
- Darnell v. LaffertyMissouri Court of Appeals · 1905
- Matthews v. Phoenix InsuranceMissouri Court of Appeals · 1911
3Cited by2 opinions
- Gunter v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1932
- C. A. Smith Lumber & Mfg. Co. v. ParkerCourt of Appeals for the Ninth Circuit · 1915