J. W. Gillum & Co. v. Fire Ass'n
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton., Judge. (1) The court erred in giving instruction number 1 for respondents. There was no evidence to support it. It was not pretended that respondents had complied with the contract of insurance sued on. They kept no cash book. It was impossible,"as respondents themselves admitted, for any one to tell from the books they kept anything about the amount of the loss.' (2) Respondents’ instruction No. 4 is erroneous.
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Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton., Judge. (1) The court erred in giving instruction number 1 for respondents. There was no evidence to support it. It was not pretended that respondents had complied with the contract of insurance sued on. They kept no cash book. It was impossible,"as respondents themselves admitted, for any one to tell from the books they kept anything about the amount of the loss.' (2) Respondents’ instruction No. 4 is erroneous. We believe it has never been held yet, even in an insurance case, that where suit is brought upon a written contract of…
1Opinion of the CourtBroaddus, J.
This is an action on a policy of fire insurance issued by defendant to plaintiff on September 20, 1901, covering a retail stock of merchandise in the sum of six hundred dollars with an additional one hundred dollars on store fixtures and furniture. The policy in suit contained what is known as the “Inventory and Iron-Safe Clause.” The plaintiffs admit that they did not keep the safe required by the terms of the policy and relied on an alleged agreement with the agent of the insurance company made before the policy was issued and delivered that, it was not nec*676essary to keep books or to keep a…
2Cases cited4 opinions
- American Insurance v. NeibergerSupreme Court of Missouri · 1881
- Parsons v. Knoxville Fire InsuranceSupreme Court of Missouri · 1896
- Thackery Mining & Smelting Co. v. American Fire InsuranceMissouri Court of Appeals · 1895
- Helm v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
3Cited by5 opinions
- Banks v. Clover Leaf Casualty Co.Missouri Court of Appeals · 1921
- Rudd v. American Guarantee Fund Mutual Fire InsuranceMissouri Court of Appeals · 1906
- Riley v. American Central InsuranceMissouri Court of Appeals · 1906
- Hollenbeck & Co. v. Mercantile Town Mutual Fire InsuranceMissouri Court of Appeals · 1908
- Hearsh v. German InsuranceMissouri Court of Appeals · 1908