St. John v. German-American Insurance
Missouri Court of Appeals
Appeal from Greene Circuit Court. — So». James T. Neville, Judge. (1) Under the plain terms of the contract it was the duty of insured to produce for defendant’s examination bills of purchases of goods. He kept no books. His loss could not be arrived at without some knowledge as to the amount of goods purchased. The condition is reasonable. Compliance with it was demandéd. It was not complied with. It was not waived.
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Appeal from Greene Circuit Court. — So». James T. Neville, Judge. (1) Under the plain terms of the contract it was the duty of insured to produce for defendant’s examination bills of purchases of goods. He kept no books. His loss could not be arrived at without some knowledge as to the amount of goods purchased. The condition is reasonable. Compliance with it was demandéd. It was not complied with. It was not waived. Hence the court erred in refusing defendant’s instruction 4, and in giving a peremptory instruction to find for plaintiff. Fleisch v. Ins. Co., 58 Mo. App. 604; Muller v. Ins.…
1Opinion of the CourtBland, P. J.
On May 23, 1901, the defendant company issued to plaintiff its policy of insurance insuring his stock of merchandise (a grocery stock) in the sum of three hundred dollars and his household and kitchen furniture in the sum of two hundred dollars against damage or loss by fire for the period of one year. On the thirtieth day of March, 1902, the merchandise and furniture insured were mostly destroyed by fire. The suit was on the policy to recover the loss.
The answer admitted the insurance and delivery of the policy, but set up as a defense the failure of plain*703tiff to make proofs of loss as lie…
2Cases cited2 opinions
- Maddox v. German Insurance Co.Missouri Court of Appeals · 1890
- Wilson v. HustonSupreme Court of Missouri · 1850
3Cited by1 opinion
- Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916