Maddox v. German Insurance Co.
Missouri Court of Appeals
Appeal from the Ralls Circuit Court. — IIon. Thomas H. Bacon, Judge. There is no evidence in this case that plaintiff furnished the proofs of loss required by the terms of the policy, and it was improper to permit plaintiff to prove a waiver of such proofs, as no waiver was pleaded by plaintiff, but on the contrary he pleads performance. Lanitz v. King, 93 Mo. 513; Pier ®. Reinrichoffen, 52 Mo. 333; Bank v. Hatch, 78 Mo. 24; Nichols v. Larkin, 79 Mo. 265; Bankv.
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Appeal from the Ralls Circuit Court. — IIon. Thomas H. Bacon, Judge. There is no evidence in this case that plaintiff furnished the proofs of loss required by the terms of the policy, and it was improper to permit plaintiff to prove a waiver of such proofs, as no waiver was pleaded by plaintiff, but on the contrary he pleads performance. Lanitz v. King, 93 Mo. 513; Pier ®. Reinrichoffen, 52 Mo. 333; Bank v. Hatch, 78 Mo. 24; Nichols v. Larkin, 79 Mo. 265; Bankv. Westlake, 21 Mo. App. 565; Boone on Code Pleading, sec. 222; Bernard v. Ins. Co., 40 Iowa, 442; Bauble v. I avis. 49 Iowa, 462; O’…
1Opinion of the CourtThompson, J.
This was an action upon a fire insurance policy. The plaintiff had a verdict and judgment, and the defendant appeals.
The questions presented for consideration will be taken up in the manner in which they are stated in the appellant’s printed argument.
I. The first assignment of error is that the court erred in permitting the plaintiff to prove a waiver of proofs of loss under his petition, which did not plead a waiver, but pleaded performance on his part of the conditions of the policy. This assignment of error is not well taken. It has been several times-decided in this *201state that, under a…
2Cases cited6 opinions
- Lanitz v. KingSupreme Court of Missouri · 1887
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
- Cooks v. Continental InsuranceSupreme Court of Missouri · 1879
- Russell & Co. v. State Ins.Supreme Court of Missouri · 1874
- Okey v. State InsuranceMissouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Kisting v. Westchester Fire Insurance CompanyDistrict Court, W.D. Wisconsin · 1968
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
- State Ex Rel. Continental Insurance v. BeckerSupreme Court of Missouri · 1934
7 more not listed; retrieve them via the Exa API.