Howerton v. Iowa State Insurance
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — How. E. B. McKee, Judge. (1) The burden of proof was upon'the plaintiffs to plead and prove the value of the property at the time or its destruction, and the amount of the loss. Joyce on Insurance, secs. 3769-3770; Wood on Insurance, sec. 42, p. 101; Green v. Ins. Co., 69 Mo. App. 430; Gustin v. Fire Ins. Co., 64 S. W. 179, 164 Mo. 172, affirming Gustin v. Ins. Co., 90 Mo. App. 373; Joy v. Ins. Co., 83 Iowa 15; Warshawky v. Ins.
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Appeal from Scotland Circuit Court. — How. E. B. McKee, Judge. (1) The burden of proof was upon'the plaintiffs to plead and prove the value of the property at the time or its destruction, and the amount of the loss. Joyce on Insurance, secs. 3769-3770; Wood on Insurance, sec. 42, p. 101; Green v. Ins. Co., 69 Mo. App. 430; Gustin v. Fire Ins. Co., 64 S. W. 179, 164 Mo. 172, affirming Gustin v. Ins. Co., 90 Mo. App. 373; Joy v. Ins. Co., 83 Iowa 15; Warshawky v. Ins. Co., 98 Iowa 226. (2) The character of the property insured being purely personal, a stock of goods which fluctuates each day in…
1Opinion of the CourtReyburn, J.
(after stating the facts as above).
1. Apart from and excepting statutory qualification presently discussed, the proposition may be justly designated as elementary that as a condition essential to recovery by plaintiffs upon the policy for destruction of their stock of merchandise, its value at the time of the loss should have been shown. The usual allegations of the valuation of this personalty and the resulting loss to plaintiffs were broadly charged in the petition, and the burden thus assumed of introducing proof in support of such averment devolved upon them. From the circumstances…
2Cases cited13 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Wolff v. CampbellSupreme Court of Missouri · 1892
- Gibson v. Missouri Town Mutual Ins.Missouri Court of Appeals · 1900
- McCollum v. Niagara Fire InsuranceMissouri Court of Appeals · 1895
- Story v. American Central InsuranceMissouri Court of Appeals · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Duckworth v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1970
- Jensen v. Palatine InsuranceNebraska Supreme Court · 1908
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Gould v. MFA Mutual Insurance CompanyMissouri Court of Appeals · 1960
- Sharp v. Niagara Fire InsuranceMissouri Court of Appeals · 1912
6 more not listed; retrieve them via the Exa API.