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6 Missouri opinions name it 2 courts 1959–2015 0 in the last five years
The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Rock Springs Realty, Inc. v. Waidgreen2 sentences2015Co., 249 S.W.2d at 432 (Missouri Supreme Court held an insurance procurement provision in contract requiring Monsanto to carry adequate insurance to cover materials held by Cal-Spray satisfied Monsanto’s claims for compensation for negligence against Cal-Spray when materials were destroyed by fire); Rock Springs Realty, Inc. v. Waid, 392 S.W.2d 270, 278 (Mo. 1965) (Missouri Supreme Court held that a contract requiring the lessor to maintain insurance, coupled with a surrender clause that exempted loss by fire, prevented the lessor from recovering against lessee for loss from fire). 7 In Nodawa 2015Co., 249 S.W.2d at 432 (Missouri Supreme Court held an insurance procurement provision in contract requiring Monsanto to carry adequate insurance to cover materials held by Cal-Spray satisfied Monsanto’s claims for compensation for negligence against Cal-Spray when materials were destroyed by fire); Rock Springs Realty, Inc. v. Waid, 392 S.W.2d 270, 278 (Mo.1965) (Missouri Supreme Court held that a contract requiring the lessor to maintain insurance, coupled with a surrender clause that exempted loss by fire, prevented the lessor from recovering against lessee for loss from fire). | 2 | 2 |
Monsanto Chemical Co. v. American Bitumuls Co.green2 sentences2015Co., 249 S.W.2d at 432 (Missouri Supreme Court held an insurance procurement provision in contract requiring Monsanto to carry adequate insurance to cover materials held by Cal-Spray satisfied Monsanto’s claims for compensation for negligence against Cal-Spray when materials were destroyed by fire); Rock Springs Realty, Inc. v. Waid, 392 S.W.2d 270, 278 (Mo. 1965) (Missouri Supreme Court held that a contract requiring the lessor to maintain insurance, coupled with a surrender clause that exempted loss by fire, prevented the lessor from recovering against lessee for loss from fire). 7 In Nodawa 2015Co., 249 S.W.2d at 432 (Missouri Supreme Court held an insurance procurement provision in contract requiring Monsanto to carry adequate insurance to cover materials held by Cal-Spray satisfied Monsanto’s claims for compensation for negligence against Cal-Spray when materials were destroyed by fire); Rock Springs Realty, Inc. v. Waid, 392 S.W.2d 270, 278 (Mo.1965) (Missouri Supreme Court held that a contract requiring the lessor to maintain insurance, coupled with a surrender clause that exempted loss by fire, prevented the lessor from recovering against lessee for loss from fire). | 2 | 2 |
Jacobi v. Timmers Chevrolet, Inc.green2 sentences2001See FRIEDMAN, § 10.601, p. 724; Jacobi v. Timmers Chevrolet, Inc., 164 Ga.App. 198 , 296 S.E.2d 777, 779 (1982). 2001See FRIEDMAN, § 10.601, p. 724; Jacobi v. Timmers Chevrolet, Inc., 164 Ga.App. 198 , 296 S.E.2d 777, 779 (1982). | 1 | 1 |
Edmiston v. J.C.G.-Medallion, Inc.green1 sentence1994(Emphasis added.) “A consideration within § 400.3-408 may consist of some benefit to one party or some detriment to the other.” Edmiston v. J.C.G.-Medallion, Inc., 570 S.W.2d 306, 309 [3] (Mo.App.1978). | 1 | 1 |
Holt v. Jamiesongreen1 sentence1994To similar effect see Holt v. Jamieson, 847 S.W.2d 194,197 [2] (Mo.App.1993). “(1) Forbearance to assert or the surrender of a claim or defense which proves to be invalid is not consideration unless (a) the claim or defense is in fact doubtful because of uncertainty as to the facts or the law or (b) the forbearing or surrendering party believes that the claim or defeme may be fairly determined to be valid.” Restatement (Second) of Contracts § 74 (1979). | 1 | 1 |
Pack v. Progressive Life Insurancegreen2 sentences1959The manner of exercising the option and the nature of the obligation created is well stated in Pack v. Progressive Life Insurance Co., 239 Mo.App. 1 , 187 S.W.2d 501, 505 [3], as follows: “The privilege to exercise the option of surrendering the policies for their cash value was one bought and paid for by the insured; such option is an offer contained in the policy contract and is from the company to the insured and it is his right to accept the offer, within a *757 specified time, and his acceptance completes the contract; the company has no right to accept or reject; its obligation to pay is 1959The manner of exercising the option and the nature of the obligation created is well stated in Pack v. Progressive Life Insurance Co., 239 Mo.App. 1 , 187 S.W.2d 501, 505 [3], as follows: “The privilege to exercise the option of surrendering the policies for their cash value was one bought and paid for by the insured; such option is an offer contained in the policy contract and is from the company to the insured and it is his right to accept the offer, within a *757 specified time, and his acceptance completes the contract; the company has no right to accept or reject; its obligation to pay is | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Nodaway Valley Bank v. E.L. Crawford Construction, Inc.
green
2 sentences2015Co., 249 S.W.2d at 432 (Missouri Supreme Court held an insurance procurement provision in contract requiring Monsanto to carry adequate insurance to cover materials held by Cal-Spray satisfied Monsanto’s claims for compensation for negligence against Cal-Spray when materials were destroyed by fire); Rock Springs Realty, Inc. v. Waid, 392 S.W.2d 270, 278 (Mo. 1965) (Missouri Supreme Court held that a contract requiring the lessor to maintain insurance, coupled with a surrender clause that exempted loss by fire, prevented the lessor from recovering against lessee for loss from fire). 7 In Nodawa 2015In Nodaway Valley Bank, 126 S.W.3d at 828 , the court noted that an insurance procurement clause alone could evidence the parties’ intent to shift the risk of property loss from each other to the insurance company. | 2 | 2015–2015 |
Fay v. Noia
red
2 sentences1988The total surrender or waiver of the right of trial by jury is generally considered to be so fundamental that it is effective only when the result of a deliberate bypass or an express waiver, that is an intentional abandonment of a known right as enunciated in Fay v. Noia, 372 U.S. 391 , 83 S.Ct. 822 , 9 L.Ed.2d 837 (1963). 1988The total surrender or waiver of the right of trial by jury is generally considered to be so fundamental that it is effective only when the result of a deliberate bypass or an express waiver, that is an intentional abandonment of a known right as enunciated in Fay v. Noia, 372 U.S. 391 , 83 S.Ct. 822 , 9 L.Ed.2d 837 (1963). | 1 | 1988–1988 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.