Glass v. Walker
Supreme Court of Missouri
Error to Probate and Common Pleas Court of Newton County Hon. P. H. Edwards, Judge. Suit was not commenced within twelve months next after the loss occurred, as required by the policy and the charter, Sess. acts.-1872, p. 238 § 13; Wag. Stat., Vol. 2 § 1, p. 1006; Heim v. Home Mut. Fire and Marine Ins.
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Error to Probate and Common Pleas Court of Newton County Hon. P. H. Edwards, Judge. Suit was not commenced within twelve months next after the loss occurred, as required by the policy and the charter, Sess. acts.-1872, p. 238 § 13; Wag. Stat., Vol. 2 § 1, p. 1006; Heim v. Home Mut. Fire and Marine Ins. Co., 42 Mo. 38; Angelí on Eire and Life Ins., par. 14. If the limitation of twelve months for bringing suit contained in the charter of the company, would, under any circumstances, have any effect, it was waived by the action of the company in the case, and the assured ivas remitted to his…
1Opinion of the CourtNorton, J.
— This suit was instituted in the probate and common pleas court of Newton county, for the recovery .of the value of a stock of drugs and medicines, which had been insured by the defendant, and which had been destroyed by fire. The petition is in the usual form, and alleges the total destruction by fire of the property insured, and asks judgment for $1,500 — the full amount insured by the policy. ■
The answer of defendant admits the contract of insurance ; alleges misrepresentation in reference to the value of the goods in plaintiff’s application for a policy; that plaintiff willfully procured…
2Cases cited1 opinion
- Keim v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1867
3Cited by15 opinions
- Hart v. Citizens' Insurance Co. of PittsburgWisconsin Supreme Court · 1893
- Sample v. London & Lancashire Fire InsuranceSupreme Court of South Carolina · 1896
- Bradley v. Phœnix InsuranceMissouri Court of Appeals · 1887
- Egan v. Oakland InsuranceOregon Supreme Court · 1895
- Grigsby v. German InsuranceMissouri Court of Appeals · 1890
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