Blackwell v. American Central Insurance
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. Shacklefoed, Judge. (1) The failure to keep and produce such complete books avoided his policy. See policy provision called “Iron safe and inventory clause.” Crigler v. Ins. Oo., 49 Mo. App. 11; Fleisch v. Ins. Co., 58 Mo. App. 596; Ins. Co. v. Bates, 65 111. App. 37; Lozano v. Ins. Co., 78 Fed. Rep. 278; Ins. Co. v. Stubbs, 98 Ga. 754; Alfred v. Ins.
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Appeal from the Cooper Circuit Court. — Hon. D. W. Shacklefoed, Judge. (1) The failure to keep and produce such complete books avoided his policy. See policy provision called “Iron safe and inventory clause.” Crigler v. Ins. Oo., 49 Mo. App. 11; Fleisch v. Ins. Co., 58 Mo. App. 596; Ins. Co. v. Bates, 65 111. App. 37; Lozano v. Ins. Co., 78 Fed. Rep. 278; Ins. Co. v. Stubbs, 98 Ga. 754; Alfred v. Ins. Co., 37 S. W. Rep. 95. (2) Plaintiff was required by the policy to keep and produce these books. He admits that he cut these leaves out, and his cutting them out and failing to produce them…
1Opinion of the CourtEllison, J.
This is an action on a policy of fire insurance on a general stock of merchandise. Plaintiff recovered judgment on a trial before the court without a jury for the full amount thereof, $1,500, and ten 'per cent additional for vexatious refusal to pay the loss as is provided by section 5927, Eevised Statutes 1889.
The grounds of defense are chiefly.that plaintiff failed to keep and exhibit to defendant an inventory of his stock. That he failed to keep a set of books showing a complete record of his business, including all sales for cash or on credit; and that he failed to make an annual…
2Cases cited4 opinions
- Brown v. Railway Passenger Assurance Co.Supreme Court of Missouri · 1870
- McNees v. Southern InsuranceMissouri Court of Appeals · 1897
- Dautel v. Pennsylvania Fire InsuranceMissouri Court of Appeals · 1896
- Lockwood v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1870
3Cited by8 opinions
- Patterson v. American InsuranceMissouri Court of Appeals · 1913
- Jones v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
- Georgia Life Insurance v. McCranieCourt of Appeals of Georgia · 1913
- Weston v. American InsuranceMissouri Court of Appeals · 1915
- Berryman v. Maryland Motor Car Ins.Missouri Court of Appeals · 1918
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