Carp v. Queen Insurance Co. of America
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — -How. H. G. Pepper, Judge. (1) The determination of the amount of the loss or damage by agreement of the parties or by award of appraisers was, under the policy sued on, a condition precedent to the maturity of the claim and to the right of the plaintiff to sue thereon. Murphy v. North Brit: ish, etc., Ins. Co., 61 Mo. App. 323; McNees v. Ins. Co., 61 Mo.
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Appeal from Lawrence Circuit Court. — -How. H. G. Pepper, Judge. (1) The determination of the amount of the loss or damage by agreement of the parties or by award of appraisers was, under the policy sued on, a condition precedent to the maturity of the claim and to the right of the plaintiff to sue thereon. Murphy v. North Brit: ish, etc., Ins. Co., 61 Mo. App. 323; McNees v. Ins. Co., 61 Mo. App. 335; Ostrander on Insurance, sec. 257; 4 Joyce on Insurance, sec. 3231 et seq.- Woods on Fire Insurance (2 Ed.), p. 1013; May on Insurance (3 Ed.), sec. 493; Scott v. Avery, 8 Exch. 487; Tredwin v.…
1Opinion of the CourtGoode, J.
The plaintiff owned a stock of merchandise in Aurora, Missouri, on which he held a policy of insurance from the defendant company. During the life of the policy, to-wit: January 29, 1902, the stock was destroyed by fire and this action was instituted to recover the promised indemnity of one thousand dollars. The plaintiff was the proprietor of the goods, but he resided in St. Louis and left the management of the store to his brother Sam Carp, who appears to have had general authority as the plaintiff’s agent. Plaintiff was in Aurora, lodging with his brother, when the loss occurred. The fire…
2Cases cited15 opinions
- Gobeille v. Liberty Mut. Ins. Co.Supreme Court of the United States · 2016
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Uhrig v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1886
- Bishop v. Agricultural InsuranceNew York Court of Appeals · 1892
- Bradshaw v. Agricultural Insurance of WatertownNew York Court of Appeals · 1893
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3Cited by16 opinions
- Providence Washington Insurance v. WolfIndiana Supreme Court · 1907
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Barnard v. Wabash R. CoCourt of Appeals for the Eighth Circuit · 1953
- State Ex Rel. Horton v. ClarkSupreme Court of Missouri · 1928
- Security Printing Co. v. Connecticut Fire InsuranceMissouri Court of Appeals · 1922
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