Jones v. Philadelphia Underwriters
Missouri Court of Appeals
Appeal from the Montgomery Circuit Court. — Stow. Elliott M. Hughes, Judge. The petition is loosely drawn, nevertheless after verdict it is sufficient. The defects complained of by the defendant should have been reached by demurrer, or by appropriate motion; they come too late after verdict.
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Appeal from the Montgomery Circuit Court. — Stow. Elliott M. Hughes, Judge. The petition is loosely drawn, nevertheless after verdict it is sufficient. The defects complained of by the defendant should have been reached by demurrer, or by appropriate motion; they come too late after verdict. Where the facts necessary to constitute a cause of action can be inferred from the allegations in the petition taken as a whole, the petition after verdict will support a judgment, though informally and loosely drawn. Bondurant v. Ins. Oo., 73 Mo. App. 477; Murphy v. Ins. Co., 70 Mo. App. 78; Duff v. Eire…
1Opinion of the Court
BLAND, B. J.
The material portions of the petition are as follows:
“Plaintiff, for his cause of action says that the defendant, The Eire Association of Philadelphia, was at the time of the grievances hereinafter mentioned, and for a period of more than five years immediately prior thereto, a corporation organized and existing under and by virtue of the *300laws of the state of Pennsylvania, and conducting a general fire insurance business. And plaintiff says further that at the time of the grievances hereinafter mentioned and for a period of more than five years immediately prior thereto, the…
2Cases cited13 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- McDermott v. ClaasSupreme Court of Missouri · 1890
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
- Harness v. National Fire InsuranceMissouri Court of Appeals · 1895
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3Cited by5 opinions
- Sharp v. Niagara Fire InsuranceMissouri Court of Appeals · 1912
- Ward v. Concordia Fire InsuranceMissouri Court of Appeals · 1922
- Jabin v. National Accident Society of New YorkMissouri Court of Appeals · 1931
- Bode v. Firemen's InsuranceMissouri Court of Appeals · 1903
- Robinson v. Metropolitan Life InsuranceMissouri Court of Appeals · 1904