Bolan v. Fire Ass'n
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Ed. L, Scaeeitt, Judge. (1) “If there is any evidence, however slight it may be, and whether direct or inferential, it must go to the jury, who are the exclusive judges of its weight and sufficiency.”' Twohey v. Fruin, 96 Mo. 104, 109; citing Charles v. Patch, 87 Mo. 450, 462. “In passing upon a demur to the evidence, the court is required to make every inference of fact in favor of the party, offering the evidence which a jury…
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Appeal from the Jackson Circuit Court. — Hon. Ed. L, Scaeeitt, Judge. (1) “If there is any evidence, however slight it may be, and whether direct or inferential, it must go to the jury, who are the exclusive judges of its weight and sufficiency.”' Twohey v. Fruin, 96 Mo. 104, 109; citing Charles v. Patch, 87 Mo. 450, 462. “In passing upon a demur to the evidence, the court is required to make every inference of fact in favor of the party, offering the evidence which a jury might, with any appearance of propriety, have inferred in his favor. Buesching v. Gaslight Co., 78 Mo. 219-231; Ecton v.…
1Opinion of the CourtEllison, J.
This action is founded on a policy of insurance issued to plaintiffs by the defendant company covering the loss of a barn. At the conclusion of evi*230dence for plaintiffs, the court directed a verdict for defendant.
The policy required immediate notice of loss and in addition required proofs of loss to be given within sixty days after the fire'. No proof of loss was made and the case was'evidently determined by the court on the failure of plaintiffs to. show a waiver by the company within the sixty days limited for the proof. The effect of plaintiffs7 contention, in connection with his…
2Cases cited7 opinions
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
- Prentice v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1879
- Loeb v. American Central InsuranceSupreme Court of Missouri · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Myers v. Maryland Casualty Co.Missouri Court of Appeals · 1907
- Doerr v. National Fire InsuranceSupreme Court of Missouri · 1926
- Chandler v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1914
- Shearlock v. Mutual Life InsuranceMissouri Court of Appeals · 1916
8 more not listed; retrieve them via the Exa API.