State ex rel. Detroit Fire & Marine Insurance v. Ellison
Supreme Court of Missouri
Certiorari to Kansas City Court of Appeals. (1) Relator contends that instruction No. 2 given for the plaintiff and approved by the Court of Appeals is erroneous and the opinion of the court in approving that instruction is in direct conflict with the opinions of this court in the following cases: Rodan v. Transit Co., 207 Mo. 392; Mockowik v. Railroad, 196 Mo. 571; State v. Kennedy, 154 Mo. 268, and Morton v. Heidorn, 135 Mo. 608. (2) Eelator contends that the opinion of…
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Certiorari to Kansas City Court of Appeals. (1) Relator contends that instruction No. 2 given for the plaintiff and approved by the Court of Appeals is erroneous and the opinion of the court in approving that instruction is in direct conflict with the opinions of this court in the following cases: Rodan v. Transit Co., 207 Mo. 392; Mockowik v. Railroad, 196 Mo. 571; State v. Kennedy, 154 Mo. 268, and Morton v. Heidorn, 135 Mo. 608. (2) Eelator contends that the opinion of the Court of Appeals in upholding instruction No. 3 given for the plaintiff is in direct conflict with the decisions of…
1Opinion of the CourtBlair, J.
— In the Jackson Circuit Court, Benjamin Weinberg and W. J. Eice recovered judgment against relator on a fire insurance policy. On appeal the Kansas City Court of Appeals affirmed that judgment, and our writ of certiorari is invoked to quash the record.
Eice was a creditor of Weinberg and his interest arose out of an assignment of the policy to him to secure his claim. The answer averred the fire causing the loss was of incendiary origin and that Weinberg was responsible, with others, therefor. There was evidence *248tending to prove this averment and evidence tending to refute it and to show the…
2Cases cited10 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Dakan v. G. W. Chase, & Son Mercantile Co.Supreme Court of Missouri · 1906
- Gay v. GillilantSupreme Court of Missouri · 1887
- Rodan v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- State v. KennedySupreme Court of Missouri · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Stack v. General Baking Co.Supreme Court of Missouri · 1920
- Lampe v. Franklin American Trust Co.Supreme Court of Missouri · 1936
- Myers v. BuchananSupreme Court of Missouri · 1960
- Payne v. ReedSupreme Court of Missouri · 1933
- State v. MartinSupreme Court of Missouri · 1953
32 more not listed; retrieve them via the Exa API.