Gold Issue Mining & Milling Co. v. Pennsylvania Fire Insurance
Supreme Court of Missouri
Appeal from Audrain Circuit Court.; — Hon. J. D. Bar•nett, Judge. . (1) The court erred in permitting the • witness Doepke to testify, over defendant’s objections, to conversations between witness and defendant’s agent had prior to and at the time of the issuance of the policy with reference to the effect and bindirig force of the terms and conditions thereof.
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Appeal from Audrain Circuit Court.; — Hon. J. D. Bar•nett, Judge. . (1) The court erred in permitting the • witness Doepke to testify, over defendant’s objections, to conversations between witness and defendant’s agent had prior to and at the time of the issuance of the policy with reference to the effect and bindirig force of the terms and conditions thereof. All stich prior conversations were merged in the subsequently issued policy under the familiar rule of evidence, that parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument. I jams…
1Opinion of the CourtWoodson, C. J.
This is a suit instituted June 6, 1911, in the circuit court of Audrain County, Missouri, by the plaintiff against the defendant, to recover the sum of $2,500, alleged to be due the former under the terms of a policy of insurance dated October 5, 1909, insuring certain property in the State of Colorado against damage and loss by fire.
A trial was had which resulted in a judgment for the plaintiff, and the defendant, in proper tim¿ and in due form, appealed the cause to this court.
We will briefly state the pleadings.
The petition was in due form, charging that the plaintiff was a corporation…
2Cases cited102 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- St. Clair v. CoxSupreme Court of the United States · 1882
- International Textbook Co. v. PiggSupreme Court of the United States · 1910
- The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
- Ex Parte SchollenbergerSupreme Court of the United States · 1878
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3Cited by41 opinions
- London Guarantee & Accident Co. v. WoelfleCourt of Appeals for the Eighth Circuit · 1936
- King v. American Family Mutual InsuranceCourt of Appeals for the Ninth Circuit · 2011
- Cognitronics Imaging Systems, Inc. v. Recognition Research Inc.District Court, E.D. Virginia · 2000
- American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1917
- State ex rel. Norfolk Southern Railway Co. v. DolanSupreme Court of Missouri · 2017
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