Murphy v. Northern British & Mercantile Co.
Missouri Court of Appeals
Appeal from the Macon Circuit Court.—Hon. Andrew Ellison, Judge. (1) The waiver was made four days before the sixty days were up and was not denied by Mr. Payscn, who was sworn by defendant on the trial. The waiver was clear and plaintiff relied on it and had a right to. The waiver was a question for the jury. McCullough v. Ins. Co., 113 Mo. 606; Hoffman v. Ins. Co., 56 Mo. App. 301; Fulton v. Ins. Co., 51 Mo. App. 460; Loeh v. Ins.
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Appeal from the Macon Circuit Court.—Hon. Andrew Ellison, Judge. (1) The waiver was made four days before the sixty days were up and was not denied by Mr. Payscn, who was sworn by defendant on the trial. The waiver was clear and plaintiff relied on it and had a right to. The waiver was a question for the jury. McCullough v. Ins. Co., 113 Mo. 606; Hoffman v. Ins. Co., 56 Mo. App. 301; Fulton v. Ins. Co., 51 Mo. App. 460; Loeh v. Ins. Co., 99 Mo. 50 and cases cited, pp. 55 and 56 as to waiver by agent. Wheaton v. Forth British and Mercantile Ins. Co., 9 Amer. St. Rep., p. 216, and note on pp.…
1Opinion of the CourtEllison, J.
—This action is based on a policy of insurance. In the trial court there was a demurrer interposed to the evidence for the plaintiff and sustained by the court.
The property insured consisted of some inferior real property but principally of a stock of merchandise in the buildings. The plaintiff and the officers of the defendant company could not agree on the value of the property destroyed. The policy, among other provisions, contained the following: “This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage…
2Cases cited9 opinions
- Phenix Insurance v. StocksIllinois Supreme Court · 1893
- Chippewa Lumber Co. v. Phenix InsuranceMichigan Supreme Court · 1890
- Mosness v. German-American Insurance Co. of New YorkSupreme Court of Minnesota · 1892
- Pioneer Manufacturing Co. v. Phœnix Assurance Co. of LondonSupreme Court of North Carolina · 1890
- Barnard v. National Fire InsuranceMissouri Court of Appeals · 1889
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3Cited by20 opinions
- Wabash Ry. Co. v. American Refrigerator Transit Co.Court of Appeals for the Eighth Circuit · 1925
- Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
- Tucker v. Colonial Fire InsuranceWest Virginia Supreme Court · 1905
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- McNees v. Southern InsuranceMissouri Court of Appeals · 1897
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