McGannon v. Millers' National Insurance
Missouri Court of Appeals
Appeal from Lawrence Circuit Court.— Eon. H. C. Pepper, Judge. (1) Appellant claimed and now claims that the application was a promissory warranty. "When the fire occurred the warranty was broken and the policy at that time, by reason of the breach of warranty, was suspended and inoperative when the fire occurred. 1 May in Insurance (3 Ed.), sec. 156; 1 Biddle on Insurance, secs. 543, 557; Brooks v. Ins. Co., 11 Mo. App. 349; Glendale Woolen Co. v. Ins.
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Appeal from Lawrence Circuit Court.— Eon. H. C. Pepper, Judge. (1) Appellant claimed and now claims that the application was a promissory warranty. "When the fire occurred the warranty was broken and the policy at that time, by reason of the breach of warranty, was suspended and inoperative when the fire occurred. 1 May in Insurance (3 Ed.), sec. 156; 1 Biddle on Insurance, secs. 543, 557; Brooks v. Ins. Co., 11 Mo. App. 349; Glendale Woolen Co. v. Ins. Co., 21 Conn. 19; Bank v. Ins. Co., 50 N. T. 45; Ripley v. Ins. Co., 30 N. T. 136; Blunter v. Ins. Co., 45 Wis. 622, 7 Ins. Law J. 833;…
1Opinion of the CourtYalliant, J.
This is a suit on a fire insurance machinery, etc., constituting a flouring mill.. In the written application for the policy which the insured signed was this question and answer: “Do you agree to keep a watchman on the premises at all times when the machinery is not in operation?' Yes.”
In addition to the question and answer quoted, the application contained statements as to the character and condition of the property, the title, etc., and at the conclusion was this: “And the undersigned applicant hereby warrants that the above is a just, full and true exposition of the facts and…
2Cases cited10 opinions
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
- Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
- Hanover Fire Insurance v. GustinNebraska Supreme Court · 1894
- London & Lancashire Insurance v. GerteisenCourt of Appeals of Kentucky · 1899
- McGannon v. Michigan Millers' Mutual Fire-InsuranceMichigan Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Span v. Jackson-Walker Coal & Mining Co.Supreme Court of Missouri · 1929
- Theriault v. California InsuranceIdaho Supreme Court · 1915
- Standard Fur Cutting Co. v. Caledonian InsuranceSupreme Court of Connecticut · 1931
- Jabin v. National Accident Society of New YorkMissouri Court of Appeals · 1931
- J. B. Liebman & Co. v. Aetna Casualty & Surety Co.Superior Court of Pennsylvania · 1936
4 more not listed; retrieve them via the Exa API.