Fulbright v. Phoenix Insurance

Appeal by defendant from judgment of the Circuit Court of Greene County in favor of plaintiff. The appeal was taken to the Springfield Court of Appeals, where the judgment of the circuit court was affirmed, but by a divided court. Upon request of the dissenting judge the cause was certified to this court. The majority opinion of the Springfield Court of Appeals, and the dissenting opinion filed in that court, are reported in 30 S.W.2d 870. From the former we quote the following statement of facts:

"This is a suit based on a fire insurance policy issued by defendant to plaintiff covering loss…