King v. Ætna Insurance
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. W. IX Hubbard, Judge. The acts of the plaintiffs after the adjustment of' the first loss in taking out new insurance in an amount fully covering their stock; the statement made to L. A. Newton and Gr.
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Appeal from the Greene Circuit Court. — Hon. W. IX Hubbard, Judge. The acts of the plaintiffs after the adjustment of' the first loss in taking out new insurance in an amount fully covering their stock; the statement made to L. A. Newton and Gr. A. C. Woolley, by King, as sworn to by King, Newton and Woolley, that he did not consider the-old companies bound after the adjustment and settlement of March 16; the assent by King to the statement of Hubbard, one of the adjusters of the first loss, that it would be proper to surrender the policy, that there was a contract to release defendant’s…
1Opinion of the CourtThompson, J.
This was an action upon a policy of fire insurance. The questions for decision arise upon a special defense set up in the answer as follows: “ Defendant admits its incorporation and authority to do business in this state, as alleged in said petition; admits the execution, delivery, and assignment to plaintiffs of a policy of insurance on a stock of goods for fifteen hundred dollars, concurring insurance, to the amount of twenty-three thousand dollars, being permitted by the terms of said policy. But defendant says that, at the time of the loss and damage to plaintiffs’ stock of merchandise…
2Cases cited7 opinions
- Pickel v. St. Louis Chamber of Commerce Ass'nMissouri Court of Appeals · 1881
- St. Louis Gas-Light Co. v. City of St. LouisMissouri Court of Appeals · 1881
- Reilly v. ChouquetteSupreme Court of Missouri · 1853
- Pickel v. St. Louis Chamber of Commerce Ass'nSupreme Court of Missouri · 1883
- Murphy v. SmithSupreme Court of Missouri · 1885
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3Cited by2 opinions
- Addison Miller, Inc. v. American Central InsuranceSupreme Court of Minnesota · 1933
- Osborne v. FridrichMissouri Court of Appeals · 1908