Mitchell Furniture Co. v. Imperial Fire Ins. Co.
| Decision Date | 05 May 1885 |
| Citation | 17 Mo.App. 627 |
| Parties | MITCHELL FURNITURE COMPANY, Respondent, v. IMPERIAL FIRE INSURANCE COMPANY, Appellant. |
| Court | Missouri Court of Appeals |
APPEAL from the St. Louis Circuit Court, LUBKE J.
Reversed and remanded.
HENRY T. KENT, for the appellant.
W. C. MARSHALL, for the respondent.
The question presented by this record is whether the trial court properly sustained a demurrer to the defendant's answer.
The plaintiff in its petition averred that the defendant by its policy of insurance insured it against loss by fire upon the following property, for the period of one year. “On stock of furniture, carpeting, and other merchandise, usually kept in furniture and carpet stores, looking glasses, furniture materials, upholstery and upholstering goods, their own, held in trust, on commission, or sold but not delivered, contained in their five story brick building situated on the northeast corner of Twenty-Third street and Lucas avenue, St. Louis, Missouri, in the sum of sixteen hundred dollars.” That during the life of the policy the property was destroyed by fire, that the property destroyed was worth over forty-one thousand dollars, that the plaintiff complied with all the requirements of the policy in regard to proofs of loss, but that the defendant fails and refuses to pay.
The defendant's answer admits the issue of the policy, and the destruction of the property by fire within the life of the policy, but denies that the plaintiff furnished such proofs of loss as the policy required, averring that in the proof of loss furnished, there was set out a large amount of goods, held by the plaintiff at the date of said fire on storage and for the purpose of repairs, which goods were consumed by fire, and that under the terms of the policy the defendant was not liable for the payment of said goods. That the policy issued, among others, contains the following provision: “This insurance does not apply to or cover goods held on storage or repairs, nor commissions on merchandise in hands of consignees, nor profits, nor plate, jewels, watches, precious stones, ornaments, medals, engravings, paintings and their frames * * * unless separately and specifically mentioned,” and that there were no furniture or goods of any kind held by the plaintiff on storage or for repairs separately and specifically mentioned in said policy of insurance.
To this answer the plaintiff demurred on the ground that it does not state facts sufficient to constitute a defence. The trial court...
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