Clem v. German Insurance
Missouri Court of Appeals
Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. Statement of case by the court. This is a bill in equity to reform a fire insurance policy, and for judgment for the amount of loss sustained by the assured.
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Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. Statement of case by the court. This is a bill in equity to reform a fire insurance policy, and for judgment for the amount of loss sustained by the assured. The evidence shows that, on and prior to the twenty-fourth day of February, 1885,- the plaintiffs held a policy of insurance issued to them by the Glen Falls Insurance Company, insuring to the extent of eight hundred dollars, the stock of flour, meal, oats, corn, bran, oil-cake, and such other merchandise as is usually kept in a country flour and feed-store. On or about…
1Opinion of the CourtPhilips, P. J.
I. We are unable to reconcile the finding of the trial court with some of the undisputed facts disclosed in evidence. That the insertion of other' property than the flour in the policy of insurance was outside of any authority given by the plaintiffs is beyond question. The agent himself testified, inter alia, as follows : “ The day this policy was issued, Clem came to my office and stuck his head in the door, and. said he*673liad bought another carload of flour, and wanted four hundred dollars more insurance. Clem said, standing in the door with his hand on the knob, ‘we have bought another…
2Cases cited6 opinions
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Keim v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1867
- Henderson v. DickeySupreme Court of Missouri · 1872
- Tesson v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1867
- Lingenfelter v. Phœnix InsuranceMissouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Barnard & Lease Manufacturing Co. v. Monett Milling Co.Missouri Court of Appeals · 1899
- North River Ins. v. Corsicana Warehouse Co.Court of Appeals of Texas · 1926
- North River Ins. v. Corsicana Warehouse Co.Court of Appeals of Texas · 1926