Clevinger v. Northwestern National Insurance
Missouri Court of Appeals
Appeal from the Vernon Circuit Court— Hon. D. P. Stratton, Judge. (1) The petition in this case fails to state facts sufficient to constitute a cause of action, for the same reason that the one of Harness v. Ins. Co., 62 Mo. App. 245, was declared to be faulty. It alleges that the company insured “his” stock, etc. There is no allegation whatever that he (plaintiff) owned the insured property at the time of the fire. Both allegations are essential. Scott v. Ins. Co., 65 Mo.
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Appeal from the Vernon Circuit Court— Hon. D. P. Stratton, Judge. (1) The petition in this case fails to state facts sufficient to constitute a cause of action, for the same reason that the one of Harness v. Ins. Co., 62 Mo. App. 245, was declared to be faulty. It alleges that the company insured “his” stock, etc. There is no allegation whatever that he (plaintiff) owned the insured property at the time of the fire. Both allegations are essential. Scott v. Ins. Co., 65 Mo. App. 75. (2) The allegation that the company insured “his” property is not sufficient, even as an allegation covering the…
1Opinion of the CourtSmith, P. J.
This is an action on a fire insurance policy wherein the plaintiff had judgment and the defendant appealed. The question for decision arises on the face of the record proper and is whether the petition states facts sufficient to constitute a cause of action.
Petition It alleges that the defendant by its policy number 563 for a certain premium insured plaintiff against loss by fire “on his stock of goods and fixtures ** by him kept in his store” at, etc., for one year for $1,000 and that while the said-policy was in force the property covered by it was destroyed by fire; that the property so…
2Cases cited5 opinions
- Fowler v. . the New York Indemnity Insurance CompanyNew York Court of Appeals · 1863
- Harness v. National Fire InsuranceMissouri Court of Appeals · 1895
- Story v. American Central InsuranceMissouri Court of Appeals · 1895
- Commercial Union Assurance Co. v. DunbarCourt of Appeals of Texas · 1894
- Scott & Son v. Phoenix InsuranceMissouri Court of Appeals · 1896
3Cited by8 opinions
- Rodgers v. Western Home Town Mutual Fire InsuranceSupreme Court of Missouri · 1905
- Sappington v. St. Joseph Mutual Fire InsuranceMissouri Court of Appeals · 1897
- Camden Fire Ins. Ass'n v. WalkerSupreme Court of Oklahoma · 1925
- Jones v. Philadelphia UnderwritersMissouri Court of Appeals · 1899
- Gustin v. Concordia Fire InsuranceCourt of Appeals of Kansas · 1899
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