Missouri Appeal Reports Volume 48

Missouri Appeal Reports Volume 48

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ...of the insurer. N. so transferred the title. Held, the policy thereby became void, K.'s right was contingent on N.'s compliance with the terms of the policy, and he could not recover thereon; and that it was immaterial that K.'s mortgage covered all N.'s interest, or who applied for the insurance. (1 ) The court erred in striking out part of plaintiflf 's petition. In this action the plaintiff had the right to set up the facts constituting the contract and estop defendant from claiming a. forfeiture. 42 Mo. 456; 43 Mo. 148; 52 Mo. 181. (2) The court erred in excluding plaintifl: "s evidence. The plaintiff offered to prove (after defendant introduced evidence of a transfer) that the plaintifi or the agent, neither one knew that_ the policy contained the provisions in contention; and further that the agent told plaintiff, at the time he gave him the policy, that he was giving him such a policy as would protect his interest, and that the agent told the plaintiff it would make no difference as to the occupancy of the place. 42 Mo. 456, and cases cited. (3) The court erred in directing the jury as to the force and effect of the deed of N icum to Kelley. The evidence was that N lCl1II1 had no real interest, and that Mrs. Kelley without any consideration conveyed it back to plaintifl'. This was a question for the jury, as all other questions in the case. Griswold '0. Ins. 00., 1 Mo. App. 97; s. 0., 70 Mo. 654; HU77Lp/lT@/ '0. Ins. 00., 15 Blatch. 35; 47 Conn. 553; 16 Barb. 254. (1) The court did not err in sustaining defendant's motion to compel plaintiff to elect between causes of action set up in one count of the petition. First. The action to reform the policy is for equitable relief, and to...show more

Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236758900
  • 9781236758903