Pace v. American Central Insurance
Missouri Court of Appeals
Appeal from Texas County Circuit Court.—Hon. L. B. Woodside, Judge. (1) The value of property destroyed is a material allegation of plaintiff’s petition, without which the petition is bad on demurrer, and without proof of which value cannot recover. Story v. Ins. Co., 61 Mo. App. 535; Ramsey v. Underwriters’s Assn., 71 Mo. App. 381. (2) Defendant’s peremptory instruction should have been given.
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Appeal from Texas County Circuit Court.—Hon. L. B. Woodside, Judge. (1) The value of property destroyed is a material allegation of plaintiff’s petition, without which the petition is bad on demurrer, and without proof of which value cannot recover. Story v. Ins. Co., 61 Mo. App. 535; Ramsey v. Underwriters’s Assn., 71 Mo. App. 381. (2) Defendant’s peremptory instruction should have been given. There is not a syllable of evidence in this record showing the value of any of the goods cpvered by the policy destroyed by the fire. Ins. Co. v. Pard, 2 Ind. T. 625, 53 S. W. 424. ' (3) While it is…
1Opinion of the CourtRobertson, P. J.
—On July 13, 1911, the defendant issued to the plaintiffs its policy insuring them against loss from fire for one year to an amount not exceeding $1500 on their stock of merchandise, located in Houston, Texas county, consisting principally of jewewlry, optical goods, watch repairs, etc., and other merchandise usually kept for sale in a jewelry store, and on October 31, 1911, a fire occurred which destroyed the entire stock of goods then in the building. About ten days or two weeks after the fire the adjuster for the defendant appeared at Houston. Previous to his arrival it had been rumored…
Also in this document: Concurrence.
2Cases cited11 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899
- Andrus v. Fidelity Mutual Life InsuranceSupreme Court of Missouri · 1902
- Conner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Myers v. Maryland Casualty Co.Missouri Court of Appeals · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Tinsley v. Ætna InsuranceMissouri Court of Appeals · 1918
- Doerr v. National Fire InsuranceSupreme Court of Missouri · 1926
- Shearlock v. Mutual Life InsuranceMissouri Court of Appeals · 1916
- Santino v. Glens Falls Ins. Co.Nevada Supreme Court · 1932
- Cohen v. Home Insurance Co.Superior Court of Delaware · 1918
4 more not listed; retrieve them via the Exa API.