Harris v. Hartford Fire Ins. Co.
| Decision Date | 18 December 1916 |
| Docket Number | No. 12188.,12188. |
| Citation | 191 S.W. 1037 |
| Parties | HARRIS v. HARTFORD FIRE INS. CO. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Cooper County; Jack G. Slate, Judge.
"Not to be officially published."
Action by J. B. Harris against the Hartford Fire Insurance Company. Judgment for plaintiff, and defendant appeals. Affirmed.
W. B. Kelley, of Kansas City, for appellant. Roy D. Williams, of Boonville, for respondent.
Plaintiff's action is based on a policy of fire insurance for one thousand dollars on a stock of merchandise afterwards totally destroyed. He recovered judgment for the full amount and attorney's fee and a penalty in addition.
It appears that at the date of plaintiff's policy there was other insurance on the stock, aggregating, with plaintiff's the sum of $12,500. One of the policies contained a three-fourths value clause. The law is (section 7030, R. S. 1909) that the amount of insurance is only three-fourths of the value of stock. Gibson v. Ins. Co., 82 Mo. App. 515; Spickard v. Ins. Co., 164 Mo. App. 1, 146 S. W. 808; Stevens v. Ins. Co., 120 Mo. App. 88, 96 S. W. 684; La Font v. Ins. Co., 193 Mo. App. 543, 182 S. W. 1029. And if there are several policies, their total amount will be considered as only three-fourths of the value of the stock. Hanna v. Ins. Co., 109 Mo. App. 152, 82 S. W. 1115; Spickard v. Ins. Co., supra. That would fix the value of the stock, at date of the policy in suit, at $16,666.66, and would leave due the full face of each policy, including plaintiff's.
But defendant has put in defense of the case a claim that the property had greatly depreciated in value between the insurance and the fire, and that there was an agreement between it and plaintiff that the actual value of the property at the time it was destroyed was $11,346.46. But the evidence in plaintiff's behalf tended to show that such agreement did not concern the policy in suit, but was made in an adjustment of the other policies and for the purpose of getting a settlement of the other policies. While, in the circumstances shown, the agreement may well have been introduced in this case, it was not conclusive against the plaintiff. The trial was by the court without a jury, and there were no declarations of law asked or given for either party. In that condition of the record we must accept the court's finding.
There was evidence tending to show the sales and purchases between the date of the policy and the fire. And...
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