Burnham v. Royal Insurance
Missouri Court of Appeals
Appeal from the Iron Circuit Court. — Hon. James E. G-reen, Judge. The appellant acted as the agent of the mortgagee in procuring the issuance of the policy in suit.
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Appeal from the Iron Circuit Court. — Hon. James E. G-reen, Judge. The appellant acted as the agent of the mortgagee in procuring the issuance of the policy in suit. Therefore the appellant’s knowledge of the falsity of any statement made by him in that application is and was the knowledge of the mortgagee, and if the policy is or was voidable on account of such false statements or representations, it was and is voidable as to both the appellant and the mortgagee, and a waiver of the forfeiture as to one was and is a waiver as to both, and respondent having waived the forfeiture on this…
1Opinion of the Court
Biggs, J. —
Statement. In 1893 the plaintiff constructed a dwelling house on certain lots owned by him in the city of Popular Bluff. The firm of Linton & Tetwiler had the contract for building the house. On November 3, 1893, the plaintiff negotiated a loan of $2,000 from the Missouri Guarantee Savings and Buildings Association of Hannibal (hereinafter designated as the building association), and to secure this loan the plaintiff executed a mortgage on the house and lots. The loan was to • be paid in instalments so as to enable the plaintiff to meet the demands of Linton & Tetwiler for the…
2Cases cited3 opinions
- LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
- Ulster County Savings Institution v. LeakeNew York Court of Appeals · 1878
- Leigh v. Springfield Fire & Marine InsuranceMissouri Court of Appeals · 1889
3Cited by8 opinions
- Myers v. Maryland Casualty Co.Missouri Court of Appeals · 1907
- St. Louis Architectural Iron Co. v. New Amsterdam Casualty Co.Court of Appeals for the Eighth Circuit · 1930
- Schultz v. Queen Insurance CompanyMissouri Court of Appeals · 1965
- Adams v. Farmers' Mutual Fire InsuranceMissouri Court of Appeals · 1905
- Davis v. Northwestern Mutual Fire Ass'nWashington Supreme Court · 1907
3 more not listed; retrieve them via the Exa API.