Keim v. Home Mutual Fire & Marine Insurance
Supreme Court of Missouri
Error to St. Louis Circuit Court. I. This was a valid and sufficient contract of insurance—Ang. on Eire and Life Ins. §§ 34, 47; Union Mut. Ins. Co. v. Com. Mut. Ins. Co., Law Rep. vol. 18, p. 610; 2 Dutch. 268; 2 Maine, 259; 9 How. 390; 3 Dutch. 645; 29 Barb. S. C. R. 312 ; 22 Barb. 527. The defense of fraudulent concealment of the fact of the fire is predicated solely on the alleged transaction of Waterman more than a month after February 9 th.
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Error to St. Louis Circuit Court. I. This was a valid and sufficient contract of insurance—Ang. on Eire and Life Ins. §§ 34, 47; Union Mut. Ins. Co. v. Com. Mut. Ins. Co., Law Rep. vol. 18, p. 610; 2 Dutch. 268; 2 Maine, 259; 9 How. 390; 3 Dutch. 645; 29 Barb. S. C. R. 312 ; 22 Barb. 527. The defense of fraudulent concealment of the fact of the fire is predicated solely on the alleged transaction of Waterman more than a month after February 9 th. The defenses of limitation are predicated solely on the conditions of the extended policy. So with the defense of the non-payment of the premium,…
1Opinion of the Court
Wagner,, Judge,
delivered the opinion of the court.
This was an action by plaintiffs on an application and policy of insurance issued by defendants to one A. M. Waterman, dated February 9th, 1860, on a building used for storage in Havana, Elinois—loss, if any, made payable to Thomas Ryan’s trustees. From the record the facts appear to be that Waterman made application to the secretary of the insurance company, on the 9th of February, 1860, to have the property insured for the sum of $3,000. The application was accepted by the secretary, and the terms agreed upon, and the policy was to take…
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