Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 56
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. 1874 edition. Excerpt: ...the policy sued on was issued or delivered." The jury found a verdict for the defendant. The plaintifi filed a motion for a new trial which was overruled, and final judgment rendered in favor of defendant, which was affirmed by the General Term, and the plaintiff has appealed to this court. It is manifest from this record that the whole controversy turned upon the question, whether the plats, which showed the real condition of the buildings insured and the materials of which they were composed, were in fact delivered to the agent of the defendant before the policy finally took efiect. There is nothing in the case to warrant the conclusion that the agent of defendant had any knowledge or information in regard to these buildings, except what he derived from the written application as made, or as it may have been modified by a subsequent delivery of the plats. And therefore if the plats were not delivered, that would have amounted to a concealment of the actual condition of the buildings, and the materials of which they were composed. The first instruction for defendant was based upon this view of the case, and considered in this light, it placed the case properly before the jury. The defendant had the right to fix its own rate of premiums for insurance. The question was not whether the rate charged for this particular risk was as much as would ordinarily have been charged, or ought to have been charged for the buildings as they stood on the ground, but whether this company would have taken the risk at the price charged, if the bargain had been for the insurance of the buildings as they really existed. In my judgment this question was fairly put to the jury in the instructions given for the plaintiff; and the first instruction given...
- Paperback | 224 pages
- 189 x 246 x 12mm | 408g
- 13 Sep 2013
- Illustrations, black and white