Hubbard and Perry v. Home Ins. Co. of N.Y.
Missouri Court of Appeals
Appeal from Circuit Court of Wright County. — Hon G. H. Skinker, Judge. (1) The trial court erred in refusing to give defendant’s declaration No. 1 for the reason there had been a change of interest, title or possession of the hay insured prior to its destruction, contrary to the policy terms, and the insurance was thereby made void. Snyder v. Murdoch, 51 Mo. 175; Manning’ v. L. & L. & G. Ins. Co., 125.Mo. App. 456; Vancouver National Bank v. Law, Union & Crown Ins.
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Appeal from Circuit Court of Wright County. — Hon G. H. Skinker, Judge. (1) The trial court erred in refusing to give defendant’s declaration No. 1 for the reason there had been a change of interest, title or possession of the hay insured prior to its destruction, contrary to the policy terms, and the insurance was thereby made void. Snyder v. Murdoch, 51 Mo. 175; Manning’ v. L. & L. & G. Ins. Co., 125.Mo. App. 456; Vancouver National Bank v. Law, Union & Crown Ins. Co., 153 Fed. 440; Skinner v. Dry-Bock Co., 43 Atl. 85. (2) The finding is excessive. Plaintiffs were not, if entitled to…
1Opinion of the CourtBradley, J.
On August 22, 1918, defendant issued its policy for $1400 insuring defendants against loss or damage by fire on some baled hay consisting of 59 tons, 710 pounds, then in a 1 certain building. The hay burned on September 22nd thereafter, and plain tiffs sought to collect under the policy, and payment was declined, and hence this suit. A jury was waived, and the cause tried before the court. Judgment went for plaintiffs for $1378.40, and defendant brings the cause here by its, appeal.
The policy contained a provision that it would be void “if the interest of the insuredfbe other than…
2Cases cited14 opinions
- Snyder v. MurdockSupreme Court of Missouri · 1872
- Gibb v. Philadelphia Fire Ins.Supreme Court of Minnesota · 1894
- Garner v. Milwaukee Mechanics' InsuranceSupreme Court of Kansas · 1906
- Brighton Beach Racing Ass'n v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1906
- Hillyard v. BanchorSupreme Court of Kansas · 1911
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3Cited by5 opinions
- Rieger v. London Guarantee & Accident Co.Missouri Court of Appeals · 1919
- Russell v. Home InsuranceMissouri Court of Appeals · 1924
- Barnard State Bank v. LankfordMissouri Court of Appeals · 1928
- Wilmurth v. National Liberty Insurance Co. of AmericaMissouri Court of Appeals · 1947
- Automobile Underwriters, Inc. v. WhiteIndiana Supreme Court · 1934