Fields v. German American Insurance
Missouri Court of Appeals
Appeal from Ste. Genevieve Circuit Court. — Eon. Chas. A. Killian, Judge. (1) The court erred in refusing to instruct for a verdict for defendant on the facts in the evidence. The burden of proof is on plaintiff as to amount of the loss and value of the goods destroyed. Summers v. Insurance Co., 53 Mo. App. 523; Trask v. Insurance Co., 53 Mo.
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Appeal from Ste. Genevieve Circuit Court. — Eon. Chas. A. Killian, Judge. (1) The court erred in refusing to instruct for a verdict for defendant on the facts in the evidence. The burden of proof is on plaintiff as to amount of the loss and value of the goods destroyed. Summers v. Insurance Co., 53 Mo. App. 523; Trask v. Insurance Co., 53 Mo. App. 630. (2) There was a total failure to prove the contract as alleged with plaintiff’s assignors, when the proof showed the contract was with said assignors and another person, Mr. Williams. The contract proved is not the one alleged, but is fatally…
1Opinion of the CourtGoode, J.
(after stating the facts). — Some of the defenses set np in the answer were unsupported by evidence, and if there was evidence to support the other defenses, it was not presented in instructions which advised the jury if they found the facts were so and so, their verdict should be for defendant. The evidence was contradictory as to the value of the stock on hand when the fire occurred, some witnesses for defendant stating it was worth no more than $3,500 or $4,000. But there was ample proof for plaintiff the goods on hand at the time of the fire were worth far beyond those estimates. The…
2Cases cited4 opinions
- Hamilton v. Home InsuranceSupreme Court of Missouri · 1887
- Millis v. Scottish Union & National InsuranceMissouri Court of Appeals · 1902
- Union Trust Co. v. Provident Washington InsuranceMissouri Court of Appeals · 1899
- O'Brien v. Greenwich InsuranceMissouri Court of Appeals · 1902
3Cited by5 opinions
- Walton v. Phoenix InsuranceMissouri Court of Appeals · 1911
- Automobile Underwriters Corporation, Attorney in Fact for State Automobile and Casualty Underwriters v. Stanley Bryan GravesCourt of Appeals for the Eighth Circuit · 1973
- Mick v. Corp. of Royal Exchange Assurance of London, EnglandSupreme Court of New Jersey · 1914
- Morrow v. LoefflerSupreme Court of Missouri · 1956
- Fields v. Queen InsuranceMissouri Court of Appeals · 1909