McNees v. Southern Insurance
Missouri Court of Appeals
Appeal from the Pettis Circuit Court.—Hon. Eiohard Field, Judge. (1) A difference having arisen as to the amount of the loss, the failure of the assured to have same appraised as provided by the contract of insurance is, fatal to his recovery. In Mossness v. Ins. Go., 50 Minn. 341 (52 N. W. Rep. 932), the various conditions of the policy at bar with reference to the appraisal, verb, et lit., are considered with the result as announced above. Kahnweilerv. Ins. Co., 57 Fed.
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Appeal from the Pettis Circuit Court.—Hon. Eiohard Field, Judge. (1) A difference having arisen as to the amount of the loss, the failure of the assured to have same appraised as provided by the contract of insurance is, fatal to his recovery. In Mossness v. Ins. Go., 50 Minn. 341 (52 N. W. Rep. 932), the various conditions of the policy at bar with reference to the appraisal, verb, et lit., are considered with the result as announced above. Kahnweilerv. Ins. Co., 57 Fed. Rep. 562; Lumber Co. v. Phoenix Co., 80 Mich. 116; Phoenix Co. v. Stocks, 36 N. E. Rep. (111.) 408; Gasser v. Sun Fire, 42…
1Opinion of the CourtEllison, J.
—The provisions in the policy under which the claim is here made, in so far as they bear upon the question of arbitration, are like those involved in the case of Murphy v. Insurance Company, decided at *340this term; the opinion in that case being withheld until we could hear the argument in this case. After further consideration and .an examination of the additional authorities cited in behalf of plaintiff, we are satisfied with the conclusion reached in the Murphy case.
While it seems to be well established law that parties can not oust courts of their jurisdiction to try causes by stipulating…
2Cases cited13 opinions
- United States v. RobesonSupreme Court of the United States · 1835
- Carroll v. Girard Fire Insurance of the City of PhiladelphiaCalifornia Supreme Court · 1887
- Pier v. HeinrichoffenSupreme Court of Missouri · 1873
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
- Old Saucelito Land & Dry Dock Co. v. Commercial Union Assurance Co.California Supreme Court · 1884
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3Cited by12 opinions
- Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
- McNees v. Southern InsuranceMissouri Court of Appeals · 1897
- Dautel v. Pennsylvania Fire InsuranceMissouri Court of Appeals · 1896
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