Parks v. Hartford Insurance
Supreme Court of Missouri
Appeal from. St. Louis City Circuit Court.—Hon. A. M. Ti-iayer, Judge. This is an action upon a policy of fire insurance issued May 12, 1884, by defendant, at Texarkana, Texas, to M. V, Plippin, insuring the latter in the sum of three thousand dollars for one year, against loss by fire on a three-story building occupied by him there.
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Appeal from. St. Louis City Circuit Court.—Hon. A. M. Ti-iayer, Judge. This is an action upon a policy of fire insurance issued May 12, 1884, by defendant, at Texarkana, Texas, to M. V, Plippin, insuring the latter in the sum of three thousand dollars for one year, against loss by fire on a three-story building occupied by him there. The policy permitted seventeen thousand, five hundred dollars total concurrent insurance “subject to the three-fourths value clause,” and made the “loss, if any, payable to Meyer & Aronson, or order, of St. Louis, as their interest may appear.” It will not be…
1Opinion of the Court
Barclay, J.—I.
Defendant asserts that the transaction (in which the notes held by plaintiffs were given) between Plippin and the firm of Meyer & Aronson amounted, in effect, to affixing a mortgage charge to the homestead of the former, and, as such, should be regarded as illegal and void under the constitution and laws of Texas.
It is enough on this point to say that, giving full force to the facts alleged by defendant, and assuming, for the moment, that effect may be given here to the Texas homestead laws, the transaction would be, at worst, merely voidable, not void absolutely and at all…
2Cases cited8 opinions
- Irion v. MillsTexas Supreme Court · 1874
- Sears v. SearsTexas Supreme Court · 1876
- Reece v. RenfroTexas Supreme Court · 1883
- Jordan v. GodmanTexas Supreme Court · 1857
- Berry v. BoggessTexas Supreme Court · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McDowell v. MorathMissouri Court of Appeals · 1896
- Ward v. Concordia Fire InsuranceMissouri Court of Appeals · 1922
- Cox v. Home Insurance Co.Supreme Court of Missouri · 1932
- Reid v. AllenSupreme Court of Alabama · 1913
- Central Federal Fire Ins. Co. v. LewisCourt of Appeals of Texas · 1930