Dougherty v. German-American Insurance
Missouri Court of Appeals
Appeal from the Howard Circuit Court. — Hon. J. A. Hockaday, Judge. (1) Plaintiff, in his application, warranted that he had one hundred and fifty-six and one half acres of land in southwest quarter, section 8, township 51, range 14, Howard county. That he owned it by fee simple title. The policy provides if the assured shall not be the sole and unconditional owner in fee simple of said property the policy shall become null and void.
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Appeal from the Howard Circuit Court. — Hon. J. A. Hockaday, Judge. (1) Plaintiff, in his application, warranted that he had one hundred and fifty-six and one half acres of land in southwest quarter, section 8, township 51, range 14, Howard county. That he owned it by fee simple title. The policy provides if the assured shall not be the sole and unconditional owner in fee simple of said property the policy shall become null and void. The deed offered in evidence by plaintiff shows no fee simple title to any land in section 8, aforesaid, and shows that thirty-seven and fifty hundredths acres…
1Opinion of the CourtEllison, J.
This is a suit on a policy of fire insurance. The judgment below was for plaintiff and defendant has appealed. The defenses principally relied upon are, misrepresentation of -plaintiff’s title in his application for the insurance, and also of the amount of incumbrance upon the property; mortgaging the property after procuring the insurance, without the consent of the company; and refusal upon plaintiff’s part to submit to an examination under oath as required by the policy. ' ' -
An application was signed by the plaintiff and the statements therein are, by the terms of the policy, declared to…
2Cases cited4 opinions
- Bowlus v. Phenix InsuranceIndiana Supreme Court · 1892
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
- Burns v. ThayerMassachusetts Supreme Judicial Court · 1869
- Russell v. Cedar Rapids Ins.Supreme Court of Iowa · 1887
3Cited by4 opinions
- Bridgewater v. General Exchange InsuranceMissouri Court of Appeals · 1939
- Shivers v. Farmers Mutual Fire InsuranceMississippi Supreme Court · 1911
- Smith v. Motors Ins. Corp.Missouri Court of Appeals · 1954
- Johnson v. Lumber InsuranceMissouri Court of Appeals · 1909