Riley v. American Central Insurance
Missouri Court of Appeals
Appeal from Jasper Circuit Court.— Hon. Hugh Dabbs, Judge. (1) The court erred in permitting plaintiff to testify to conversations between plaintiff and defendant’s agent prior to the time the policy was issued. Gillum v. Ins. Co., 106 Mo. App. 673; Ins. Co. y. Neiberger, 74 Mo. 167; Helm v. Railroad, 98 Mo. App. 419; Catterlin y. Lusk, 98 Mo. App. 182; Ins. Co1, v. Buchalter, 83 M'o. App. 504; Ijams v. Life Assn., 185 Mo. 466; Sowers v. Ins.
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Appeal from Jasper Circuit Court.— Hon. Hugh Dabbs, Judge. (1) The court erred in permitting plaintiff to testify to conversations between plaintiff and defendant’s agent prior to the time the policy was issued. Gillum v. Ins. Co., 106 Mo. App. 673; Ins. Co. y. Neiberger, 74 Mo. 167; Helm v. Railroad, 98 Mo. App. 419; Catterlin y. Lusk, 98 Mo. App. 182; Ins. Co1, v. Buchalter, 83 M'o. App. 504; Ijams v. Life Assn., 185 Mo. 466; Sowers v. Ins. Co. (Iowa), 85 N. W. 763. (2) And for the same reason plaintiff’s second instruction is erroneous. Ijams y. Life Áss’n, 185 Mo. 466. (3) The court erred…
1Opinion of the CourtEllison, J.
This is an action on a fire insurance policy in which plaintiff prevailed in the trial court. It appears from the terms of the policy that plaintiff was a retail merchant in a small town in Jasper county and that it was stipulated that: “The assured shall keep such books and last inventory, and also last preceding inventory, securely locked in a fire-proof safe at night, and at all times when the building mentioned in this policy or the portion thereof containing the stock described therein, if not actually open for business; or, failing in this, the assured will keep such books and…
2Cases cited8 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899
- Pelkington v. National InsuranceSupreme Court of Missouri · 1874
- Bush v. Missouri Town Mutual InsuranceMissouri Court of Appeals · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Banks v. Clover Leaf Casualty Co.Missouri Court of Appeals · 1921
- Rudd v. American Guarantee Fund Mutual Fire InsuranceMissouri Court of Appeals · 1906
- Kring v. Globe Farmers' Town Mutual Fire, Tornado, Cyclone & Windstorm InsuranceMissouri Court of Appeals · 1916
- Edwards v. Business Men's Acc. Assn. of Am.Missouri Court of Appeals · 1920
- Shook v. Retail Hardware Mutual Fire InsuranceMissouri Court of Appeals · 1911
7 more not listed; retrieve them via the Exa API.