Winn v. Farmers Mutual Fire Insurance
Missouri Court of Appeals
Appeal from the Scotland Circuit Court. — Hon. Ed/win B. McKee, Judge. (1) The instrument sued on provided for arbitration and submission to referees. This was a condition precedent to respondent’s right to recover. No reference is made in the petition to the arbitration clauses contained in the policy. No waiver or excuse is pleaded in petition or reply. Nor was waiver or excuse shown by the testimony.
Read the full summary
Appeal from the Scotland Circuit Court. — Hon. Ed/win B. McKee, Judge. (1) The instrument sued on provided for arbitration and submission to referees. This was a condition precedent to respondent’s right to recover. No reference is made in the petition to the arbitration clauses contained in the policy. No waiver or excuse is pleaded in petition or reply. Nor was waiver or excuse shown by the testimony. These omissions in the pleadings and evidence are fatal to respondent’s case. McNees v. Ins. Co., 69 Mo. App. 232; Murphy v. Mercantile Co., 61 Mo. App. 323. (2) The court committed error in…
1Opinion of the CourtBiggs, J.
The defendant is what is known as a “Farmers Mutual Eire Insurance Company” organized under article 4 chap. 89 of the Eevised Statutes of 1889. On the thirteenth day of March, 1896, it issued and delivered to one Mary A. Winn a policy of insurance, in which it agreed to insure a building belonging to her against damage or destruction by fire. The policy described the house as located in section 31, whereas it seems to be conceded that Mary A. Winn owned no house in section 31, but did own land and a house in section 30. Mary A. Winn died in May 1896. In March, 1896, she conveyed the land on…
2Cases cited2 opinions
- Froehly v. North St. Louis Mutual Fire InsuranceMissouri Court of Appeals · 1888
- Mohoney v. German InsuranceMissouri Court of Appeals · 1891
3Cited by5 opinions
- Pizzo v. PizzoSupreme Court of Missouri · 1956
- State Ex Rel. State Highway Commission v. HammelSupreme Court of Missouri · 1956
- Wicecarver v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1909
- Jabin v. National Accident Society of New YorkMissouri Court of Appeals · 1931
- Pizzo v. PizzoSupreme Court of Missouri · 1956