McCartney v. State Insurance
Missouri Court of Appeals
Appeal from the Randolph Circuit Court. — Hon. W. A. Martin, Special Judge. (1) The trial court allowed the plaintiff to read in ' evidence a purported copy of the policy, after the defendant had disproved such loss and accounted for the original, and offered the same in court to be used as evidence. This was error; nor was it harmless error, but prejudicial to the defendant.
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Appeal from the Randolph Circuit Court. — Hon. W. A. Martin, Special Judge. (1) The trial court allowed the plaintiff to read in ' evidence a purported copy of the policy, after the defendant had disproved such loss and accounted for the original, and offered the same in court to be used as evidence. This was error; nor was it harmless error, but prejudicial to the defendant. It had the effect of shifting the burden of proof as to the fact of a cancellation. ■ The copy sued on and read in evidence was not indorsed “ canceled.” But the original was, prima facie, a canceled instrument, having…
1Opinion of the CourtSmith, P. J.
— This was a suit on a policy of insurance alleged, in the petition, to have been lost. The answer admitted the execution and delivery of the policy and pleaded as a special defense that on the seventh day of September, 1886, and long prior to said alleged burn, the defendant, pursuant to provisions of said policy, proceeded to cancel the same, and did cancel said policy, returned to plaintiff the unexpired premium pro rata, to-wit, the sum of $5.75, and plaintiff thereupon returned and delivered said policy to defendant, which defendant now holds, and ever since has held, canceled as…
2Cases cited3 opinions
- Feurt v. AmbroseMissouri Court of Appeals · 1889
- McCartney v. State InsuranceMissouri Court of Appeals · 1889
- Jones v. ShaleMissouri Court of Appeals · 1889
3Cited by4 opinions
- Farrar v. MayabbMissouri Court of Appeals · 1959
- Bunker v. HiblerMissouri Court of Appeals · 1892
- Dorrell v. SparksMissouri Court of Appeals · 1910
- Brumbaugh v. Travelers Indemnity Co.Missouri Court of Appeals · 1965