Buck v. Stuyvesant Insurance
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. J. Hugo Grimm, Judge. (1) The demurrer to the evidence should have been sustained for the reason that there was such a breach of warranty as materially affected the risk. As a matter of law, such a warranty voids a policy. Earner v. American Central Ins. Co., 70 Mo. App. 47; Hollenbeck v. Insurance Co., 133 Mo. App. 57; Cagle v. Insurance Co., 78 Mo.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. J. Hugo Grimm, Judge. (1) The demurrer to the evidence should have been sustained for the reason that there was such a breach of warranty as materially affected the risk. As a matter of law, such a warranty voids a policy. Earner v. American Central Ins. Co., 70 Mo. App. 47; Hollenbeck v. Insurance Co., 133 Mo. App. 57; Cagle v. Insurance Co., 78 Mo. App. 215; Batchelor v. Insurance Co., 65 Mo. 255. (2) The court erred in holding that the Mercantile Insurance Company, who effected the insurance for the plaintiff, were the agents of…
1Opinion of the Court
This is an action to recover on a fire insurance policy. Plaintiff brought suit in a justice of the peace court to recover $250, being the amount of indemnity in the policy against loss or damage to his automobile resulting from fire. Plaintiff recovered in the justice court, and on appeal to the circuit court the cause was retried, and at the close of the plaintiff's evidence plaintiff was forced to take an involuntary nonsuit with leave to move to set the same aside. The court sustained plaintiff's motion to set aside the nonsuit. The trial judge, at the time of sustaining said motion,…
2Cases cited20 opinions
- Coles v. Jefferson Ins. Co.West Virginia Supreme Court · 1895
- Lycoming Fire Insurance v. RubinIllinois Supreme Court · 1875
- Stone v. Franklin Fire Insurance Co. of BostonNew York Court of Appeals · 1887
- Smith v. American Automobile InsuranceMissouri Court of Appeals · 1915
- Pringle v. Aetna Life InsuranceMissouri Court of Appeals · 1907
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Schimmel Fur Co. v. American Indemnity Co.Supreme Court of Missouri · 1969
- Bearden v. Countryside Casualty CompanyMissouri Court of Appeals · 1961
- Weekly v. Missouri Property Insurance Placement FacilityMissouri Court of Appeals · 1976
- Rosedale Securities Co. v. Home InsuranceSupreme Court of Kansas · 1926
- H & H MANUFACTURING CO. v. Cimarron Insurance Co.Missouri Court of Appeals · 1957
6 more not listed; retrieve them via the Exa API.