Ampleman v. Citizens' Insurance
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. The court should have given the instructions offered by defendant, numbered 1, 2, 3 (record, pp. 107, 108), for the following reasons : Sections 6009 and 6010, of the Revised Statutes, were a part of the contract between the parties, and they asked the court to construe that part of the contract which contained the words “wholly destroyed,’’and as such they correctly explained the meaning of these…
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. The court should have given the instructions offered by defendant, numbered 1, 2, 3 (record, pp. 107, 108), for the following reasons : Sections 6009 and 6010, of the Revised Statutes, were a part of the contract between the parties, and they asked the court to construe that part of the contract which contained the words “wholly destroyed,’’and as such they correctly explained the meaning of these words. Harriman v. Ins. Co., 49 Wis. 86. The instructions given by the court of its own motion (record, pp. 108, 109)…
1Opinion of the CourtRombauer, P. J.
This is an action upon two fire insurance policies concerning the building and some fixtures owned by the plaintiff. Touching the fixtures, there is no controversy. The premises were insured in two companies and there was judgment in favor of plaintiff in the trial court as for a total destruction, for the proportionate amount of the insurance effected in the defendant company. The defendant, appealing, assigns for error that *311there is no evidence to support the verdict and that the court erred in its instruction to the jury.
The premises insured consisted of a two story brick building with…
2Cases cited2 opinions
- Reilly v. Franklin Insurance Co. of St. LouisWisconsin Supreme Court · 1877
- Nelson v. BolandSupreme Court of Missouri · 1866
3Cited by12 opinions
- Royal Insurance Co. v. McIntyreTexas Supreme Court · 1896
- Tinsley v. Ætna InsuranceMissouri Court of Appeals · 1918
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Murphy v. Northern British & Mercantile Co.Missouri Court of Appeals · 1895
- Stahlberg v. Travelers Indemnity Co.Missouri Court of Appeals · 1978
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