Duff v. Fire Ass'n
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. B. E. Turner, Judge. (1) The petition does not allege that plaintiff was the owner of the stock at the time of the fire. This was a necessary allegation. Defendant’s objection to any evidence under the petition should, therefore, have been sustained, and for the same reason its demurrer to the evidence should have been sustained. Summers v. Ins. Co., 53 Mo. App. 521; Ins. Co. v. Creton, 98 Pa. St. 451; Gere v. Ins.
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Appeal from Knox Circuit Court. — Hon. B. E. Turner, Judge. (1) The petition does not allege that plaintiff was the owner of the stock at the time of the fire. This was a necessary allegation. Defendant’s objection to any evidence under the petition should, therefore, have been sustained, and for the same reason its demurrer to the evidence should have been sustained. Summers v. Ins. Co., 53 Mo. App. 521; Ins. Co. v. Creton, 98 Pa. St. 451; Gere v. Ins. Co., 67 Iowa, 272; Grant v. Ins. Co., Law Can. 128. (2) There is no evidence of a complete contract in this case. (3) The petition fails to…
1Opinion of the CourtBrace, P. J.
This cause is certified here from the St. Louis court of appeals, on the dissent of one of the judges of that court from the decision of the majority, reversing the judgment of the circuit court of Knox county in favor of the plaintiff, and remanding the cause for new trial, the dissenting judge being of the .opinion that the decision of the majority of the court is in conflict with the previous decision of the Kansas *465City court of appeals in the case of Lingenfelter v. Ins. Co., 19 Mo. App. 252. The case is reported in 56 Mo. App. 355.
The petition is set out in haec verlae in the dissenting…
2Cases cited4 opinions
- Salisbury v. Hekla Fire InsuranceSupreme Court of Minnesota · 1884
- Lingenfelter v. Phœnix InsuranceMissouri Court of Appeals · 1885
- Smith v. State Ins.Supreme Court of Iowa · 1884
- Duff v. Fire Ass'nMissouri Court of Appeals · 1894
3Cited by14 opinions
- Kino v. Phoenix InsuranceSupreme Court of Missouri · 1906
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
- Beswick v. National Casualty Co.Missouri Court of Appeals · 1920
- Vining v. Franklin Fire InsuranceMissouri Court of Appeals · 1901
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