Lehmann v. Hartford Fire Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. William M. Kinsey, Judge. (1) Upon sound principles of public policy, it is held that an offer made by way of sacrifice or concession for the sake of peace, or in settlement or compromise of a disputed claim, is not admissible, regardless of whether the admissions were made orally or in writing, or whether they were made directly to the opponent or expressed to a third person.
Read the full summary
Appeal from St. Louis City Circuit Court.—Hon. William M. Kinsey, Judge. (1) Upon sound principles of public policy, it is held that an offer made by way of sacrifice or concession for the sake of peace, or in settlement or compromise of a disputed claim, is not admissible, regardless of whether the admissions were made orally or in writing, or whether they were made directly to the opponent or expressed to a third person. Peace is of such worth that a reasonable man may well be presumed to seek it even at the cost of his striet right and by an abatement from his just claim. Cullen v.…
1Opinion of the CourtReynolds, P. J.
One' White, desiring to procure insurance on certain household goods, situated in his residence in the city of St. Louis, asked one Ver Steeg, a real estate agent, to procure the insurance for him. Ver Steeg went to one Klobasa, an insurance agent or broker, and applied for the insurance. It appears that Klobasa, for some reason and following a custom prevailing between insurance *702agents and brokers in St. Louis, went to one Schulte, who was also engaged in the insurance business and asked bim to write the policy in one of the companies for which Schulte was agent. Schulte gave Klobasa a…
2Cases cited6 opinions
- Jones v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
- Manning v. Connecticut Fire InsuranceMissouri Court of Appeals · 1913
- Cullen v. Insurance Co. of North AmericaMissouri Court of Appeals · 1907
- Boward v. Bankers Union of the WorldMissouri Court of Appeals · 1902
- Rosencrans v. North American InsuranceMissouri Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Still v. Travelers Indemnity CompanySupreme Court of Missouri · 1963
- Binswanger v. Employers Liability Assurance Corp.Missouri Court of Appeals · 1930
- Starnes v. St. Joseph Railway, Light, Heat & Power Co.Supreme Court of Missouri · 1932
- Farber v. American Automobile InsuranceMissouri Court of Appeals · 1915
- Bremen Bank & Trust Co. v. BogdanMissouri Court of Appeals · 1973
7 more not listed; retrieve them via the Exa API.