Hooker v. Phoenix Insurance
Missouri Court of Appeals
Appeal from the Camden Circuit Court. — Hon. Argus Cox, Judge. (1) The court erred in refusing defendant’s demurrer to the evidence. There was a disagreement as to the amount of the loss. Under the terms of the policy plaintiff could not sue until the amount had been fixed by appraisers. It stands admitted that the loss had not been so fixed. Murphy v. Ins. Co., 61 Mo. App. 323; McNees v. 'Ins. Co., 61 Mo.' App. 335. (2) The'instruction given for plaintiff is erroneous.
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Appeal from the Camden Circuit Court. — Hon. Argus Cox, Judge. (1) The court erred in refusing defendant’s demurrer to the evidence. There was a disagreement as to the amount of the loss. Under the terms of the policy plaintiff could not sue until the amount had been fixed by appraisers. It stands admitted that the loss had not been so fixed. Murphy v. Ins. Co., 61 Mo. App. 323; McNees v. 'Ins. Co., 61 Mo.' App. 335. (2) The'instruction given for plaintiff is erroneous. It entirely ignores the issues raised by the pleadings. It is not contended that the amount of the loss had been ascertained…
1Opinion of the CourtGill, J.
This is an action on an insurance policy covering the contents of a livery stable at Lebanon, Missouri, and which was destroyed by fire in October, 1894. The sole defense relied on at the trial was the alleged failure of the plaintiff to have the property appraised after the fire, it being alleged and shown that the parties failed to agree on the extent of the loss.
Plaintiff had a verdict and judgment for the full amount named in the policy and defendant appealed.
Insurance: arbitration: evidence. There appears no substantial reason for disturbing the judgment. The undisputed evidence…
2Cases cited2 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Murphy v. Northern British & Mercantile Co.Missouri Court of Appeals · 1895
3Cited by5 opinions
- Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
- Vining v. Franklin Fire InsuranceMissouri Court of Appeals · 1901
- Bohannon v. Illinois Bankers Life Ass'nMissouri Court of Appeals · 1929
- Brown v. CroyMissouri Court of Appeals · 1898
- Hollenbeck & Co. v. Mercantile Town Mutual Fire InsuranceMissouri Court of Appeals · 1908