Backer v. Seaboard Fire & Marine Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ron. Charles Claflin Allen, Judge. If one of the parties requests the court to state its findings of fact and conclusions of law, it is the duty of the trial court so to do. The failure or refusal to make such findings in a legal action constitutes reversible error. R. S. 1909, sec. 1972; Loewen v. For-see, 137 Mo. 29; Miller v. McCaleb, 208 Mo. 562; Fahy v. Grocer Co., 57 Mo. App. 73; Hamill v. Talbott, 72 Mo.
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Appeal from St. Louis City Circuit Court. — Ron. Charles Claflin Allen, Judge. If one of the parties requests the court to state its findings of fact and conclusions of law, it is the duty of the trial court so to do. The failure or refusal to make such findings in a legal action constitutes reversible error. R. S. 1909, sec. 1972; Loewen v. For-see, 137 Mo. 29; Miller v. McCaleb, 208 Mo. 562; Fahy v. Grocer Co., 57 Mo. App. 73; Hamill v. Talbott, 72 Mo. App. 22; Bailey v. Emerson, 87 Mo. App. 220; Gaines & Co. v. Grocer Co., 107 Mo. App. 507; Stewart v. Grain Co., Í63 Mo. App. 473.
1Opinion of the CourtAllen, J.
This is a suit upon a policy of fire insurance issued by defendant company. Plaintiff is the trustee in a deed of trust covering the building insured and the plot of ground upon which it was situated. Attached to the policy is the usual mortgage clause, making the loss, if any, payable to the plaintiff *84trustee, as Ms interest may appear. The cause was-tried before the court without a jury,, resulting in a judgment for defendant, and plaintiff appeals. In the view.that we take of the appeal it is unnecessary to state the facts relating to the merits of the controversy.
During the trial, and…
2Cases cited9 opinions
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Kostuba v. MillerSupreme Court of Missouri · 1897
- Shaffer v. DetieSupreme Court of Missouri · 1905
- Miller v. McCalebSupreme Court of Missouri · 1907
- Fitzpatrick v. WeberSupreme Court of Missouri · 1902
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3Cited by1 opinion
- Chandler v. Blanke Tea & Coffee Co.Missouri Court of Appeals · 1914