Anthony v. German American Insurance
Missouri Court of Appeals
Appeal from, the Nodaway Circuit Court. — Hon, C. A. Anthony, Judge. (1) There is a misjoinder of parties plaintiff. The loss, if any, was payable to Gr. W. Shelton, mortgagee, as his interest may appear. The petition alleges that the mortgage was unpaid. The mortgage exceeded the amount of the policy ; Shelton, therefore, was the only proper party to sue on the policy. Griswoldv. Ins. Co., 1 Mo. App. 97-100'; Bartlett v. Ins.
Read the full summary
Appeal from, the Nodaway Circuit Court. — Hon, C. A. Anthony, Judge. (1) There is a misjoinder of parties plaintiff. The loss, if any, was payable to Gr. W. Shelton, mortgagee, as his interest may appear. The petition alleges that the mortgage was unpaid. The mortgage exceeded the amount of the policy ; Shelton, therefore, was the only proper party to sue on the policy. Griswoldv. Ins. Co., 1 Mo. App. 97-100'; Bartlett v. Ins. Co., 41 N. W. Rep. 579 ; Megher v. Stewart, 6 Mo. App. 498; Bartges v. 0 ’ Neil, 13 Ohio St. 72; Williams v. Edwards, 94 Mo, 447. (2) The defendant has the right to…
1Opinion of the CourtGill, J.
This action is based on a fire insurance policy for $1,000, issued by defendant December 10,1888, covering a building' in M .ryville, Missouri, then owned by one Cooper. The policy was made to Cooper with stipulation that loss, if any occurring, should be payable to one Ford, who then held a mortgage of $1,200 on the property. A few days thereafter Cooper sold and conveyed the building and lot to the plaintiff Anthony, who with consent of the defendant took a transfer of the policy. In the month of April following, Ford, the mortgagee, assigned the mortgage to plaintiff Shelton, and the…
2Cases cited6 opinions
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Hamilton v. Home InsuranceSupreme Court of Missouri · 1887
- Barnard v. National Fire InsuranceMissouri Court of Appeals · 1889
- Loeb v. American Central InsuranceSupreme Court of Missouri · 1889
- Cromwell v. Phœnix InsuranceMissouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Parsons v. Knoxville Fire InsuranceSupreme Court of Missouri · 1896
- Still v. Connecticut Fire InsuranceMissouri Court of Appeals · 1915
- Florea v. Iowa State InsuranceMissouri Court of Appeals · 1930
- Ross-Langford v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1902
16 more not listed; retrieve them via the Exa API.