Travis v. Continental Insurance
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — 1-Ion. C. H. S. Goodman, Judge. Statement of case by the court. This was an action on a certain policy of insurance, issued on a certain stock of groceries to the firm of I. B. Gurney & Co. The petition averred that the policy had been duly transferred to plaintiff with the consent of the defendant, and that thereafter the goods were destroyed by fire; “ that forthwith after such loss and destruction he (plaintiff) gave written notice of…
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Appeal from Daviess Circuit Court. — 1-Ion. C. H. S. Goodman, Judge. Statement of case by the court. This was an action on a certain policy of insurance, issued on a certain stock of groceries to the firm of I. B. Gurney & Co. The petition averred that the policy had been duly transferred to plaintiff with the consent of the defendant, and that thereafter the goods were destroyed by fire; “ that forthwith after such loss and destruction he (plaintiff) gave written notice of such loss to the defendant and as soon afterwards as practicable rendered a particular account in writing of said loss ;…
1Opinion of the CourtHall, J.
— I. In support of the action of the circuit court, in sustaining a demurrer to the evidence, the defendant’s counsel suggest that under his own testimony the plaintiff did- not have an insurable interest in *206the property covered by the policy. They contend that the property was, nnder our statute, the property of the plaintiff’s wife, in which he had no interest whatever. Their position is that, since the property was obtained by the wife in exchange, for her real estate, it became her separate property under section 3296, Revised Statutes, and that the verbal gift of it to him by her under…
2Cases cited4 opinions
- Insurance Co. v. ChaseSupreme Court of the United States · 1867
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
- Russell & Co. v. State Ins.Supreme Court of Missouri · 1874
- Okey v. State InsuranceMissouri Court of Appeals · 1888
3Cited by14 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
- Buffalo Ins. Co. of Buffalo v. BommaritoCourt of Appeals for the Eighth Circuit · 1930
- Burgess v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
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