Bondurant v. German Insurance
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. The petition does not state that plaintiff was the owner of the property insured, either at the time of the issuance of the policy or at the time • of the loss, and is not sufficient to support the judgment. Scott v. Ins. Co., 65 Mo. App. 75; Story v. Ins. Co., 61 Id. 534; Harness v. Ins. Co., 62 Id. 245; Western Union Co. v. Dunbar, 26 S. W. Rep. (Tex.) 628; Fowler v. Ins.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. The petition does not state that plaintiff was the owner of the property insured, either at the time of the issuance of the policy or at the time • of the loss, and is not sufficient to support the judgment. Scott v. Ins. Co., 65 Mo. App. 75; Story v. Ins. Co., 61 Id. 534; Harness v. Ins. Co., 62 Id. 245; Western Union Co. v. Dunbar, 26 S. W. Rep. (Tex.) 628; Fowler v. Ins. Co., 26 N. Y. 422; 2 May on Ins. [3 Ed.], sec. 590. It is not necessary to state a ¿specific consideration; but if one is stated, it must be proved as…
1Opinion of the CourtBond, J.
This action is upon a policy of insurance. It was tried by the court without a jury and judgment rendered for plaintiff for $1,008.50, from which defendant appealed to this coiirt under the portion of section 2258, Revised Statutes 1889, permitting appeals upon certificate of the clerk and accompanying abstract of the record. In the case at bar appellant’s *479printed abstract wholly fails to show that any bill of exceptions was filed. It is defective in . _ . other respects, but this omission is an essential one, and deprives us of the power to review any matters of exception on this appeal.…
2Cases cited5 opinions
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
- Mason v. PenningtonMissouri Court of Appeals · 1893
- Hohstadt v. DaggsMissouri Court of Appeals · 1892
- Prendergast v. Dwelling House InsuranceMissouri Court of Appeals · 1896
- Wesby v. BowersMissouri Court of Appeals · 1894
3Cited by3 opinions
- Rodgers v. Western Home Town Mutual Fire InsuranceSupreme Court of Missouri · 1905
- Jones v. Philadelphia UnderwritersMissouri Court of Appeals · 1899
- Rogers v. Western Home Town Mutual Fire InsuranceMissouri Court of Appeals · 1902