Burton v. American Guarantee Fund Mutual Fire Insurance
Missouri Court of Appeals
Appeal from Camden Circuit Court. — Hon. Argus Cox, Judge. (1) Instruction No. 1 given by tbe court, purports to cover tbe whole case, and authorized a recovery by plaintiff, if tbe jury should find tbe facts for plaintiff as hypothecated in tbe instruction. Tbe instruction left out of view tbe question as to tbe iron-■safe and inventory clause, and also tbe question of tbe •mutilation of tbe policy, to disprove which tbe burden was placed upon tbe plaintiff.
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Appeal from Camden Circuit Court. — Hon. Argus Cox, Judge. (1) Instruction No. 1 given by tbe court, purports to cover tbe whole case, and authorized a recovery by plaintiff, if tbe jury should find tbe facts for plaintiff as hypothecated in tbe instruction. Tbe instruction left out of view tbe question as to tbe iron-■safe and inventory clause, and also tbe question of tbe •mutilation of tbe policy, to disprove which tbe burden was placed upon tbe plaintiff. This issue was raised by the pleadings and should have been submitted to the jury as it was a question of fact whether or not the…
1Opinion of the CourtEllison, J.
This is.an action on a fire insurance. policy. Plaintiff recovered judgment in the trial court. He had recovered judgment on a former trial which was reversed by the St. Louis Court of Appeals. On return of the mandate of that court, plaintiff changed the venue to Camden county.
The contention on the part of defendant was that there was what is known as an “iron-safe clause” attached to the policy when delivered to plaintiff, and that the policy as produced by plaintiff at the trial showed no such clause. It appeared from the policy that this had been torn or cut off from the policy. This, as…
2Cases cited3 opinions
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Sullivan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Burton v. American Guarantee Fund Mutual Fire InsuranceMissouri Court of Appeals · 1901