Saint Louis Insurance v. Kyle
Supreme Court of Missouri
APPEAL from St. Lcuis Circuit Court. Statement of the Case. This was an action of covenant, commenced in the St. Louis Circuit Court on the 28th October, 1845, by the appellee against the appellant, on a policy of insurance to the amount of six thousand dollars, on manufactured tobacco, cut, chewing and smoking tobacco, leaf tobacco, presses, screws and fixtures, cutting machine and fixtures, household furniture, shed and fixtures, against loss or damage by fire — the said…
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APPEAL from St. Lcuis Circuit Court. Statement of the Case. This was an action of covenant, commenced in the St. Louis Circuit Court on the 28th October, 1845, by the appellee against the appellant, on a policy of insurance to the amount of six thousand dollars, on manufactured tobacco, cut, chewing and smoking tobacco, leaf tobacco, presses, screws and fixtures, cutting machine and fixtures, household furniture, shed and fixtures, against loss or damage by fire — the said articles being contained in a two story stone building, situate north of Biddle street and near Roy’s tower,being the…
1Opinion of the CourtNapton, J.
For the sake of convenience, I will consider the questions, presented by the record under three principle heads; first, the sufficiency of the notice; second, the proofs of loss; and third, the instructions on the questions of false swearing and the plaintiffs participation in the arson.
1. The declaration averred that notice in writing wasforthiuith given to the Company, according to the stipulations in the 9th condition of the policy. The proof was, that the fire occurred on the first of April and the notice was given on the fifth. The first instruction of the Cou.t was, that the notice must…
2Cases cited2 opinions
- Inman v. Western Fire InsuranceNew York Supreme Court · 1834
- McMasters v. Westchester County Mutual InsuranceNew York Supreme Court · 1841
3Cited by39 opinions
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Lanitz v. KingSupreme Court of Missouri · 1887
- Andrus v. Fidelity Mutual Life InsuranceSupreme Court of Missouri · 1902
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