Froehly v. North St. Louis Mutual Fire Insurance
Missouri Court of Appeals
Appeal from the St. Louis Qity Circuit Court —Hon. Shepard Barclay, Judge. The charter provides that the policy shall be void unless the assured states his true title in the application. Joseph Froehly insured the property as his, whereas it was not his, and in his application, which is part of the policy, stated his title to be in fee-simple, whereas he had no title in fee-simple or otherwise to the property insured.
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Appeal from the St. Louis Qity Circuit Court —Hon. Shepard Barclay, Judge. The charter provides that the policy shall be void unless the assured states his true title in the application. Joseph Froehly insured the property as his, whereas it was not his, and in his application, which is part of the policy, stated his title to be in fee-simple, whereas he had no title in fee-simple or otherwise to the property insured. The policy, therefore, was void from its inception, and the risk never attached. Loehner v. Ins. Co., 17 Mo. 247; Koontz n. Ins. Co., 42 Mo. 126; Mers v. Ins. Co., 68 Mo. '127,…
1Opinion of the CourtRombauer, P. J.
The action is on a fire insurance policy issued by the defendant which is a mutual insurance company created by special statute. The policy sued on purports to insure Joseph Froehly in the sum of fifteen hundred dollars, against loss by fire on the following property, to-wit: On frame house A., twelve hundred dollars, *306on frame house B., one hundred and fifty dollars, on frame stable, one hundred dollars, on store fixtures and shelving, fifty dollars.
The plaintiff Mary Froehly brings • the suit as assignee of the policy, her husband Joseph being joined with her for conformity under the…
2Cases cited13 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Citizens' Fire Insurance, Security & Land Co. v. DollCourt of Appeals of Maryland · 1872
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- Koontz v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1868
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Milliken v. WoodwardSupreme Court of New Jersey · 1900
- Franklin Insurance v. WolffIndiana Court of Appeals · 1899
- Vining v. Franklin Fire InsuranceMissouri Court of Appeals · 1901
- Evens v. Home Insurance Co.Missouri Court of Appeals · 1935
- Grant v. ReinhartMissouri Court of Appeals · 1888
3 more not listed; retrieve them via the Exa API.