Lingenfelter v. Phœnix Insurance
Missouri Court of Appeals
Appeal from Nodaway Circuit Court, Hon. H. S. Kelley, Judge. Statement of case by tbe court. Tbe defendant, a foreign insurance corporation, in January, 1882, and long prior, bad established, at Mary-ville, in Nodaway county, in tbis state, an agency under tbe management and control of one William H. Hubert.
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Appeal from Nodaway Circuit Court, Hon. H. S. Kelley, Judge. Statement of case by tbe court. Tbe defendant, a foreign insurance corporation, in January, 1882, and long prior, bad established, at Mary-ville, in Nodaway county, in tbis state, an agency under tbe management and control of one William H. Hubert. His power of attorney, dated February 27, 1871, in tbe form of a letter, authorized him to receive proposals for insurance against loss by fire, and to make insurance policies of said company, to be countersigned by said agent, and to renew tbe same; to assent to assignments, or…
1Opinion of the CourtPhilips, P. J.
I. The first question, in order, raised by appellant is the sufficiency of the petition. The objections urged against it are, that it does not allege any breach by defendant of the contract, nor any refusal to issue the policy, nor does it set out what the conditions of the policy are.
It will meet and dispose of much that is said in argument by appellant, to state here, that this action is not based on an executed policy of insurance. It is based upon a contract of insurance, performed by the plaintiff, and which the defendant refuses to observe by paying the conceded loss. “A contract for…
2Cases cited8 opinions
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Insurance Co. v. RodelSupreme Court of the United States · 1877
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Keim v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1867
- Henning v. United States InsuranceSupreme Court of Missouri · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Continental Insurance v. RuckmanIllinois Supreme Court · 1889
- Gaar, Scott & Co. v. RogersSupreme Court of Oklahoma · 1915
- Aetna Life Insurance v. FallowTennessee Supreme Court · 1903
- Libby Lumber Co. v. Pacific States Fire InsuranceMontana Supreme Court · 1927
- Camden Fire Ins. Ass'n v. WandellCourt of Appeals of Texas · 1917
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