Thomas v. Hartford Fire Insurance
Missouri Court of Appeals
Appeal from the Linn Circuit Court, Hon. Gk D. Burgess, Judge. Statement of case by the court. This is an action on a policy of insurance. The petition is in the usual form.
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Appeal from the Linn Circuit Court, Hon. Gk D. Burgess, Judge. Statement of case by the court. This is an action on a policy of insurance. The petition is in the usual form. The first defence in the answer set up a statement in plaintiff’s application for insurance, that he was the owner of the ground on which the insured building stood, a provision in the policy sued on referring to this application and making it a warranty, and an allegation that plaintiff was not the owner of the ground. The second defence set up the same fact, that plaintiff was not the owner of the ground, in connection…
1Opinion of the CourtEllison, J.
This is an action against defendant on-afire insurance policy. The plaintiff obtained judg-' ment in the trial court, and defendant appeals.
From the facts shown in the statement, it is apparent-that plaintiff was not the owner of the land upon which. *156the buildings insured were situated, but was the owner of the buildings themselves. It is also true that the application stated he was the owner in fee simple of the land. It is also true that there were buildings within one hundred feet of those insured, though the application stated there were not. The policy referred to the •application, and…
2Cases cited5 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
- Alexander v. . Germania Fire Ins. Co.New York Court of Appeals · 1876
3Cited by24 opinions
- Continental Insurance v. PearceSupreme Court of Kansas · 1888
- Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
- Shotliff v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
- Barnard v. National Fire InsuranceMissouri Court of Appeals · 1889
- Lafont v. Home InsuranceMissouri Court of Appeals · 1916
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