Legal Opinion

Jenkins v. German Insurance

Missouri Court of Appeals

Decided May 1, 1894PublishedCited by 7 opinions

Appeal from the Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. The court erred in the admission and exclusion of testimony, and in taking the case entirely away from the jury. Hamilton v. Ins. Co., 94 Mo. 353; Hayivard v. Ins. Co., 52 Mo. 181; Pellcington v. Ins. Co., 55 Mo. 172; Bailie v. Ins. Co., 73 Mo. 371; Brecltenridge v. Ins. Go., 87 Mo. 22.

1Opinion of the CourtRombauer, P. J.

This is an action on a fire insurance policy on the plaintiff’s dwelling house and contents in the sum of $550; pn provisions in smokehouse in the sum of $30; and on smokehouse in the *211sum of $20. The petition is in the ordinary form, claiming a total loss by fire, and averring the performance on part of plaintiff of all conditions precedent to recovery.

The defendant’s answer sets up in bar plaintiff’s failure to furnish proofs of loss within the time required by the policy, and the further fact that the policy, among other.conditions, contains the following: “It is stipulated and agreed that,…

2Cases cited7 opinions

  1. Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
  2. Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
  3. Koontz v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1868
  4. Pelkington v. National InsuranceSupreme Court of Missouri · 1874
  5. Hamilton v. Home InsuranceSupreme Court of Missouri · 1887

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899
  2. Bush v. Missouri Town Mutual InsuranceMissouri Court of Appeals · 1900
  3. Montgomery v. Lebanon Town Mutual Fire InsuranceMissouri Court of Appeals · 1899
  4. Nixon v. German InsuranceMissouri Court of Appeals · 1897
  5. Springfield Steam Laundry Co. v. Traders InsuranceMissouri Court of Appeals · 1896

2 more not listed; retrieve them via the Exa API.

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