78 Mo. App. 14 | Mo. Ct. App. | 1899
The itemized statement of the plaintiff’s loss, as appears form his proofs, was as follows: “1. 145 bales broom corn of 300 lbs. each, at $60 per ton. 2. 1860 bu. com at 22c per bu. 3. 20 tons hay at $5 per ton. $1,902.
It woidd no more do to say that broom corn is grain than it would to say that the straw of wheat, oats, rye or millet, after the grain has been threshed therefrom and it has been placed in bales for the convenience of handling in
It may seem quite illogical that the defendant should be liable for the whole loss provided it does not exceed the amount of the insurance named in the certificate where there is no other insurance, and for only its pro rata two thirds of the value of the property lost where there is other insurance. It is a sufficient answer to this to say that the defendant itself has so provided in its constitution, and that must serve as our guide in determining the extent of its-liability for the loss under the certificate. The defendant’s second instruction is therefore incorrect in expression and the giving of which by the court was such an error as requires us to reserve the judgment and remand the cause, which is so ordered.