Utz v. Orient Insurance
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon. O. A. Mos-man, Judge. (1) The court erred in permitting the original cost price of the various musical instruments to be proven in the absence of any showing as to their condition at the time of the fire. The original cost price of an article is no criterion of its value. Flournoy v. Railroad, 44 Mo.
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Appeal from Buchanan Circuit Court. — Eon. O. A. Mos-man, Judge. (1) The court erred in permitting the original cost price of the various musical instruments to be proven in the absence of any showing as to their condition at the time of the fire. The original cost price of an article is no criterion of its value. Flournoy v. Railroad, 44 Mo. App. 398. It is only when the testimony as to the cost price of non-marketable property is connected by full proof of its present condition, that evidence of the cost price of an article of this kind will be heard. 13 Encyc. of Evid., p. 534, and cases…
1Opinion of the Court
BROAD DUS, J.- —
This is a suit on a policy of insurance for a loss occasioned by a fire. The policy covered insurance on a house for $800, and on furniture for $200. At the time the policy was issued the house was further insured in the sum of $700, in the Insurance Company of North America, also the further sum of $500, on the household goods including musical instruments in the Teutonia Insurance Company, and also the further sum of $300, on a piano alone in the Insurance Company of North America,
The policy in suit provides that the same shall be void if the assured has or procures other…
2Cases cited6 opinions
- Foster v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Scullin v. Wabash RailroadSupreme Court of Missouri · 1905
- Kerr v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
- Nolan v. DeutschMissouri Court of Appeals · 1886
- State ex rel. Wilson v. Miners BankSupreme Court of Missouri · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Myers v. StateCourt of Appeals of Maryland · 1921
- Hatch v. BaylessMissouri Court of Appeals · 1912