Kent & Purdy Paint Co. v. Aetna Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. George E. Williams, Judge. (1) The petition does not state a cause of action. It counts on the “award in writing,” and yet states no facts or terms of the policy which give effect to the award. No liability whatever is disclosed by the petition.
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Appeal from St. Louis City Circuit Court. — Eon. George E. Williams, Judge. (1) The petition does not state a cause of action. It counts on the “award in writing,” and yet states no facts or terms of the policy which give effect to the award. No liability whatever is disclosed by the petition. Frissell v. Fiches, 27 Mo. 557; Walt v. Huse, 38 Mo. 210; Bridgeman v. Bridgeman, 23 Mo. 272. (2) The recitals of the answer (concerning the appraisal) cannot supply or aid the petition when those recitals are denied by the reply. Mosness v. Insurance Co., 50 Minn. 341, 52 N. W. 932; Thrush v. City, 21…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. The defendant contends that the petition does not state a cause of action, in that it “counts on the ‘award in writing’ and yet states no facts or terms of the policy which give effect to the award. ’ ’ Whatever the petition lacked in this respect was fully supplied hy allegations of the answer. This rendered it unquestionably sufficient after verdict. [Krum v. Jones, 25 Mo. App. 71.] Defendant appears to realize this, but cites cases to the effect that a plaintiff is not allowed to build up and make out his cause of action upon allegations found in the answer,…
2Cases cited11 opinions
- Vincent v. Germah InsuranceSupreme Court of Iowa · 1903
- Niagara Fire Insurance v. BoonSupreme Court of Arkansas · 1905
- State ex rel. Armstrong v. RauSupreme Court of Missouri · 1887
- Zallee v. Laclede Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1869
- Pierce Loan Co. v. KillianMissouri Court of Appeals · 1910
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3Cited by6 opinions
- Dworkin v. Caledonian InsuranceSupreme Court of Missouri · 1920
- Security Printing Co. v. Westchester Fire InsuranceMissouri Court of Appeals · 1920
- Harmon v. Stuyvesant InsuranceMissouri Court of Appeals · 1913
- Holt v. WilliamsMissouri Court of Appeals · 1922
- Marblestone Co. v. Phoenix Assurance Co., Ltd.Supreme Court of Minnesota · 1926
1 more not listed; retrieve them via the Exa API.