Spencer v. Farmer's Mutual Insurance
Missouri Court of Appeals
Appeal from the Lawrence Circuit Court. — Hon. J. C. Lamson, Judge. Defendant misconceives plaintiff’s pleading, and hence error in her argument. She says, page 3, “plaintiff asserted that his property was accidentally burned.” He does not say accidentally but only says that it was “destroyed and consumed by fire.”
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Appeal from the Lawrence Circuit Court. — Hon. J. C. Lamson, Judge. Defendant misconceives plaintiff’s pleading, and hence error in her argument. She says, page 3, “plaintiff asserted that his property was accidentally burned.” He does not say accidentally but only says that it was “destroyed and consumed by fire.” He contends that he does not need to have pleaded that it was by accident; but if he did, defendant should have demurred, and the petition is at least good after verdict, and is moreover cured by defendant’s affirmative plea that it was purposely and negligently burned. Bank v.…
1Opinion of the CourtBland, P. J.
Defendant is a mutual fire insurance company organized under tbe provisions of section 5909, Devised Statutes 1889. Tbe petition declared that plaintiff was a member of said company, and that on November 11, 1895, tbe defendant for a valid consideration insured bis property against loss by fire for a period of five years as follows: $200 on bis frame dwelling bouse; $100 on one frame “L.” thereto; and $200 on tbe contents of said building; that on tbe thirty-first day of July, 1891, while tbe contract of insurance was in force, all of said property was wholly destroyed by fire, “to tbe loss…
2Cases cited1 opinion
- Hart v. HicksSupreme Court of Missouri · 1895