Ecton v. Continental Insurance
Missouri Court of Appeals
Appeal from Gass Circuit Court. — How. D. A. DeArmond, Judge. The case Is stated in the opinion. (1) It was improper to admit the testimony of the witness Mahan as to his visit to plaintiff’s farm and his conversation with plaintiff concerning the adjustment of the loss in controversy. The statements or declarations of a party or his agent in the nature of an offer to compromise or settle are inadmissible as evidence.
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Appeal from Gass Circuit Court. — How. D. A. DeArmond, Judge. The case Is stated in the opinion. (1) It was improper to admit the testimony of the witness Mahan as to his visit to plaintiff’s farm and his conversation with plaintiff concerning the adjustment of the loss in controversy. The statements or declarations of a party or his agent in the nature of an offer to compromise or settle are inadmissible as evidence. Smith v. Shell, 82 Mo. 215. By his own statement Mahan was shown to have been a mere local agent and not an adjuster. He did not represent defendant in the conversations related…
1Opinion of the CourtHall, J.
— This was an action on a policy of fire insurance. The only defense that need be noticéd was, that plaintiff failed to give notice of the loss within fifteen days thereof to the defendant at its office in Chicago or New York, as required by the policy. The only questions presented here are as to the action of the circuit court in overruling certain objections made by defendant to evidence offered by the plaintiff, and in refusing to give an instruction in the nature of a demurrer to the evidence asked by it.
The objections to the evidence were all on the ground that the evidence offered was…
2Cases cited6 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Margrave v. AusmussSupreme Court of Missouri · 1873
- Smith v. HutchinsonSupreme Court of Missouri · 1884
- Adler v. LangeMissouri Court of Appeals · 1886
- Johnson v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- St. Louis Agricultural & Mechanical Ass'n v. DelanoMissouri Court of Appeals · 1889