Ramsey v. Philadelphia Underwriters Ass'n
Missouri Court of Appeals
Appeal from the Howell Circuit Court. — Hon. W. N. Evans, Judge. There is no allegation in the petition as to the value of the goods destroyed, or of the amount of damage sustained by plaintiffs. Nor is there any allegation that the adjuster had no authority to bind defendant. These allegations were necessary. Story v. Ins. Go., 61 Mo.
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Appeal from the Howell Circuit Court. — Hon. W. N. Evans, Judge. There is no allegation in the petition as to the value of the goods destroyed, or of the amount of damage sustained by plaintiffs. Nor is there any allegation that the adjuster had no authority to bind defendant. These allegations were necessary. Story v. Ins. Go., 61 Mo. App. 534, 537; House Furnishing Co. v. Wallace, 21 Id. 128; Williams v. Edwards, 94 Mo. 447, 451. The insurance exceeded the value of the stock, and under the plain terms of the policy it was void. The adjuster had no implied power to waive this provision, and…
1Opinion of the CourtBiggs, J.
This is' a suit upon a policy of fire insurance by which the defendants insured plaintiff's stock of goods in the sum of $1,000. During the life of the policy, to wit, on July. 9, 1895, all of the goods were burned. In addition to the usual averments the petition alleges that in pursuance of notice and proofs of loss the defendants sent their adjuster for the purpose of adjusting and settling the loss., and that the adjuster and plaintiffs agreed that the amount of the liability of the defendants under its policy was $342.21, which amount the adjuster promised that the defendants would pay.…
2Cases cited4 opinions
- Aurora Fire Insurance v. JohnsonIndiana Supreme Court · 1874
- Story v. American Central InsuranceMissouri Court of Appeals · 1895
- McCollum v. Liverpool, London & Globe InsuranceMissouri Court of Appeals · 1896
- Bowen v. Hanover Fire InsuranceMissouri Court of Appeals · 1897
3Cited by4 opinions
- Curtis v. Indemnity Co. of AmericaSupreme Court of Missouri · 1931
- Burge Bros. v. Greenwich InsuranceMissouri Court of Appeals · 1904
- Springfield Fire & Marine Insurance v. DickeySupreme Court of Oklahoma · 1918
- Bonesteel Motor Co. v. National Union Fire InsuranceOregon Supreme Court · 1929