Kenefick & Hammond v. Norwich Union Fire Insurance
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) The court erred in giving plaintiffs’ second instruction, (a) There is no evidence upon which to predicate that instruction.
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Transferred from St. Louis Court of Appeals. (1) The court erred in giving plaintiffs’ second instruction, (a) There is no evidence upon which to predicate that instruction. There is not a scintilla of evidence that defendant’s agent knew at the time the policy was issued that powder, fuse caps and explosives were kept in the building covered by the policy, (b) Even if the agent knew that dynamite constituted a part of plaintiffs’ supplies, it does not follow that he knew that such dangerous agencies were kept or to be kept in the building, and such knowledge does not constitute a waiver or…
1Opinion of the CourtLamm, J.
In the St. Louis Court of Appeals, Bland, P. J., wrote, and, with the concurrence of his learned brethren on that bench, there was handed down in this case, the following opinion (119 Mo. App. 308):
“The facts as developed at the trial are correctly set out in appellant’s statement as follows:
“ ‘On June 2,1903, appellant issued to respondents its policy of insurance for one thousand dollars, covering the property described in said policy as follows: “One thousand dollars on their stock of supplies consisting of hay, grain and feed, scrapers, wagons, plows and other tools and supplies kept in…
2Cases cited23 opinions
- United States v. BallinSupreme Court of the United States · 1892
- Chemical National Bank v. Hartford Deposit Co.Supreme Court of the United States · 1896
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Weber v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Brown v. Greenfield Life Ass'nMassachusetts Supreme Judicial Court · 1899
18 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Knorp v. ThompsonSupreme Court of Missouri · 1943
- Elkin v. St. Louis Public Service Co.Supreme Court of Missouri · 1934
- Harbison v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1931
- Toeneboehn v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
- Riggs v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
25 more not listed; retrieve them via the Exa API.