Hearsh v. German Insurance
Missouri Court of Appeals
Appeal from Jackson Circnit Court. — Son. Edward P. Gates, Judge. (1) Plaintiff has failed to prove a case, based either npon the particular written contract, stated in the petition, or the oral agreement to insure, indefinitely suggested in the reply.
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Appeal from Jackson Circnit Court. — Son. Edward P. Gates, Judge. (1) Plaintiff has failed to prove a case, based either npon the particular written contract, stated in the petition, or the oral agreement to insure, indefinitely suggested in the reply. (2) If either or both such transactions occurred, there .is no proof of contract terms in either case, and nothing by which it could pos- . sibly have been determined whether plaintiff performed his contract;’'if he had one, so as to create a responding obligation upon defendant’s part to him. Knights of Honor v. Foster (Tex.), 14 S. W. 922;…
1Opinion of the CourtBeoaddus, P. J.
This is a suit to recover on a fire insurance policy. The allegations of the petition are: “On the — day of February, 1906, plaintiff applied for insurance in the sum of two thousand dollars, on his stock of dry goods, clothing, boots, shirts, ladies’ and-gents’ furnishing goods and notions, then owned by him and located .... and said stock of goods being of the value of $9,284.58. Said application was made to George W. Clinton, the duly authorized agent of defendant . . . , and on behalf of defendant said agent agreed with plaintiff for a valuable consideration in the way of premium to be…
2Cases cited6 opinions
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Polk v. Western Assurance Co.Missouri Court of Appeals · 1905
- Riley v. American Central InsuranceMissouri Court of Appeals · 1906
- Ijams v. Provident Savings Life Assurance SocietySupreme Court of Missouri · 1904
- J. W. Gillum & Co. v. Fire Ass'nMissouri Court of Appeals · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Russell v. Reliance Insurance Co.Missouri Court of Appeals · 1982