Kelley v. London Guarantee & Accident Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». John W. Henry, Judge. (1) The first point we make is, we think, decisive of this case. Under the facts as disclosed by the record plaintiff’s case must fall for a failure of proof. His petition does not state a cause of action, nor do the proofs make a case. He does not establish a legal demand.
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Appeal from Jackson Circuit Court. — No». John W. Henry, Judge. (1) The first point we make is, we think, decisive of this case. Under the facts as disclosed by the record plaintiff’s case must fall for a failure of proof. His petition does not state a cause of action, nor do the proofs make a case. He does not establish a legal demand. The action is based upon a contract of guaranty, or indemnity, running to a co-partnership composed of respondent, John R. Kelley, and his brother, William Kelley, the firm being denominated in the contract, the “assured.” (2) The contention is that the firm…
1Opinion of the CourtEllison, J.
— This action is based on a policy of indemnity insurance. The judgment in the trial court was f,Qr the plaintiff.
It appears that plaintiff and his brother William were partners in the cooperage business in the State of Kansas under the firm name of “J. R. Kelley & Brother.” That in the prosecution of their business they employed a number of men, among them one Ford. Some hazard being connected with the business they took from defendant a policy of insurance, whereby defendant, in consideration of certain warranties and $112 premium, agreed “to indemnify J. R. Kelley and Brother” for the term…
2Cases cited6 opinions
- Roop v. HerronNebraska Supreme Court · 1883
- Cross v. Burlington National BankSupreme Court of Kansas · 1876
- Henry v. AndersonIndiana Supreme Court · 1881
- Lane v. BurnapMichigan Supreme Court · 1878
- Dudley v. LoveMissouri Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McKinney v. Truck Insurance ExchangeMissouri Court of Appeals · 1959
- United States Fidelity & Guaranty Co. v. BoothTennessee Supreme Court · 1932
- Rife v. ReynoldsMissouri Court of Appeals · 1909
- Steinfield v. Massachusetts Bonding & InsuranceSupreme Court of New Hampshire · 1920