Marsh Oil Co. v. Aetna Insurance
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) The policy having been made to cover “grain and seeds,” and having been amended to cover “the same property” in another location, action can not be maintained for the loss of a different commodity, that is oil cake, without a reformation of the contract sued on. This is the logic of a very old case by our supreme court which has never been overruled. Wise v. Ins.
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Appeal from the Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) The policy having been made to cover “grain and seeds,” and having been amended to cover “the same property” in another location, action can not be maintained for the loss of a different commodity, that is oil cake, without a reformation of the contract sued on. This is the logic of a very old case by our supreme court which has never been overruled. Wise v. Ins. Oo., 23 Mo. 80. (2) Even if this were not true upon the facts shown the knowledge of agent Alcutt could not bind or estop the defendant company in such a way as to…
1Opinion of the Court
SMITH, P. I.
The plaintiff was the owner of twenty-eight thousand bushels of flax seed located in a certain building in Kansas City, which the defendant insured under the description of “their stock of grain and seed.” Some months after this the seed was removed to ' a mill where it was ground into meal and the oil extracted therefrom. The residuum was then pressed into what is commercially known as “oil cake.” Fr.om there it was removed to another building where it was stored. After this, on the application of the plaintiff, the policy was amended so as to read in this way: “This policy is…
2Cases cited2 opinions
- Hewitt v. Watertown Fire InsuranceSupreme Court of Iowa · 1880
- Norris v. Farmers Mutual Fire InsuranceMissouri Court of Appeals · 1896