Murphy v. North British & Mercantile Insurance
Missouri Court of Appeals
Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The petition is fatally defective because it fails to allege that the indemnity sued for was due and payable at the time of the filing of the petition. Ins. Go. v. Hall, 41 Pac. Rep. (Kan.) 69, loe. cit. 71, and numerous authorities cited.
Read the full summary
Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The petition is fatally defective because it fails to allege that the indemnity sued for was due and payable at the time of the filing of the petition. Ins. Go. v. Hall, 41 Pac. Rep. (Kan.) 69, loe. cit. 71, and numerous authorities cited. (2) The petition does not allege, either directly or inferentially, that the personalty destroyed by fire was at the time of the fire in the same place where it was insured. This is likewise a fatal defect. Todd v. Ins. Co., 1 Mo. App. 472. (3) Under a plea of absolute performance, there…
1Opinion of the CourtSmith, P. J.
This cause was before us on.a former appeal, 61 Mo. App. 335, and it is agreed by counsel that that case may be considered in all its bearings upon this. A reference to the statement made by the judge who wrote the opinion on the former appeal will be found sufficient for a proper understanding of the questions raised by the present appeal. The plaintiff had judgment in the circuit court and the defendant has appealed.
I. At the inception of the trial in the circuit court, the defendant objected to the introduction of any evidence on the ground that the petition failed to *82allege that the…
2Cases cited28 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Grove v. City of KansasSupreme Court of Missouri · 1882
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
23 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Providence Washington Insurance v. WolfIndiana Supreme Court · 1907
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Lusk v. American Central InsuranceWest Virginia Supreme Court · 1917
- Myers v. AdlerMissouri Court of Appeals · 1915
- Wicecarver v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1909
15 more not listed; retrieve them via the Exa API.