Bradley v. Phœnix Insurance
Missouri Court of Appeals
Appeal from Johnson Circuit Court, Hon. Chas. W. Sloan, Judge. The case is stated in the opinion. I. The court erred in refusing appellant’s motion to make answer definite, by striking out the allegation ‘ ‘ denies each and every other allegation not hereinafter specifically admitted.” Long v. Long, 79 Mo. 649. II. The court erred in refusing the motion to strike out the defence based on the limitation clause of the policy.
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Appeal from Johnson Circuit Court, Hon. Chas. W. Sloan, Judge. The case is stated in the opinion. I. The court erred in refusing appellant’s motion to make answer definite, by striking out the allegation ‘ ‘ denies each and every other allegation not hereinafter specifically admitted.” Long v. Long, 79 Mo. 649. II. The court erred in refusing the motion to strike out the defence based on the limitation clause of the policy. Courts ought not to allow a party to amend for the purpose of setting up an unconscionable defence. Bliss on Code Pleading, sect. 431. Such a limitation is now void. Laws…
1Opinion of the CourtPhilips, P. J.
This is an action to recover on an insurance policy for loss sustained by fire. The loss is alleged in the petition to have occurred on the twenty-sixth day of September, 1885. The answer pleaded several matters in defence, predicated on provisions contained in the contract of insurance, principal among' which is this: It was made a condition in said policy, that no suit or action ’ against the company should be sustainable in any court of law or chancery for the recovery of any claim by virtue of this policy, unless such suit or action shall be commenced within six months next after the loss…
Also in this document: Concurrence.
2Cases cited16 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
- Killips v. Putnam Fire InsuranceWisconsin Supreme Court · 1871
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
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3Cited by15 opinions
- McElroy v. Continental InsuranceSupreme Court of Kansas · 1892
- State Insurance v. MeesmanWashington Supreme Court · 1891
- Hart v. Citizens' Insurance Co. of PittsburgWisconsin Supreme Court · 1893
- Egan v. Oakland InsuranceOregon Supreme Court · 1895
- Grigsby v. German InsuranceMissouri Court of Appeals · 1890
10 more not listed; retrieve them via the Exa API.