Wicecarver v. Mercantile Town Mutual Insurance
Missouri Court of Appeals
Appeal from Bollinger Circuit Court. (1) The petition states a cause of action. It is alleged that plaintiff duly performed and fulfilled all the .conditions required of him by the terms of the policy, and in due time after the fire, and more than sixty days before the commencement of the action, to-wit, on the 20th day of May, in the year 1903, gave to defendant due notice and proof of the fire and loss, and demanded payment of the sum insured, but defendant has ever failed…
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Appeal from Bollinger Circuit Court. (1) The petition states a cause of action. It is alleged that plaintiff duly performed and fulfilled all the .conditions required of him by the terms of the policy, and in due time after the fire, and more than sixty days before the commencement of the action, to-wit, on the 20th day of May, in the year 1903, gave to defendant due notice and proof of the fire and loss, and demanded payment of the sum insured, but defendant has ever failed and refused, and still fails and refuses to pay. Under this allegation a waiver of “ascertainment or adjustment” can be…
1Opinion of the CourtNortoni, J.
— This is a suit on á policy of fire insurance issued to the plaintiff by the defendant, a town mutual fire insurance company. Plaintiff recovered and defendant appeals.
*250The first question presented for consideration relates to the jurisdiction of the circuit court over the person of the defendant. The property insured was located in Bollinger county. Having been destroyed there by fire, the suit on the policy was instituted in the circuit court of that county. The defendant is a town mutual ’.insurance company, organized and existing under the laws of this State with its principal office in…
2Cases cited14 opinions
- Wiggins v. BurkhamSupreme Court of the United States · 1870
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1904
- Little v. HarringtonSupreme Court of Missouri · 1880
- Grove v. City of KansasSupreme Court of Missouri · 1882
- Andrus v. Fidelity Mutual Life InsuranceSupreme Court of Missouri · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State ex rel. Pacific Mutual Life Insurance v. GrimmSupreme Court of Missouri · 1912
- Baum v. Glen Park PropertiesMissouri Court of Appeals · 1983
- Caminetti v. Superior CourtCalifornia Supreme Court · 1941
- Bush v. BlockMissouri Court of Appeals · 1916
- Columbia Brewery Co. v. ForgeyMissouri Court of Appeals · 1909
8 more not listed; retrieve them via the Exa API.