Legal Opinion

Trabue v. Dwelling House Insurance

Supreme Court of Missouri

Decided March 13, 1894PublishedCited by 27 opinions

Certified from St. Louis Court of Appeals. (1) Under the condition: “This entire policy shall be void, if any change [other than by the death of the insured] take place in the interest, title or pos-sesssion of the subject of insurance, whether by legal process or judgment or by voluntary act of the insured, or otherwise/’ the will of Anthony E. Trabue and his subsequent death avoided the policy. Sherwood v. Agricultural Go., 73 N. Y. 447; Burbank v. Rockingham.

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Certified from St. Louis Court of Appeals. (1) Under the condition: “This entire policy shall be void, if any change [other than by the death of the insured] take place in the interest, title or pos-sesssion of the subject of insurance, whether by legal process or judgment or by voluntary act of the insured, or otherwise/’ the will of Anthony E. Trabue and his subsequent death avoided the policy. Sherwood v. Agricultural Go., 73 N. Y. 447; Burbank v. Rockingham. Co., 24 N. H. 540; Bine v. Woolworth, 95 N. Y. 93. (2) The partitioning of the realty ■ after the death of the assured by the…

1Opinion of the CourtG-antt, P. J.

The facts alleged in the petition and supported by the evidence and which are not controverted by the parties in this suit, are as follows: The defendant company by the policy of insurance on which this suit is based, insured Anthony E. Trabue against loss by fire or lightning for a term of five years, beginning at noon on the twentieth day of April, 1888, in the sum of $800 on the dwelling house occupied at the time by said Trabue, and the sum of §250 on the contents of said dwelling house, and also $200 on other property which escaped the fire. The insured was the owner of the insured…

2Cases cited21 opinions

  1. Hartford Fire Insurance v. WalshIllinois Supreme Court · 1870
  2. Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
  3. Quarrier v. Peabody Insurance Co.West Virginia Supreme Court · 1877
  4. Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
  5. Rogers v. Phenix InsuranceIndiana Supreme Court · 1890

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

3Cited by27 opinions

  1. Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
  2. Goorberg v. the Western Assurance Co.California Supreme Court · 1907
  3. Capps v. National Union Fire InsuranceIllinois Supreme Court · 1925
  4. Lafont v. Home InsuranceMissouri Court of Appeals · 1916
  5. Rissler v. American Central InsuranceSupreme Court of Missouri · 1899

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

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