Bradley v. Phoenix Insurance
Bradley v. Phoenix Insurance
Opinion of the Court
This is an action on a policy of fire insurance. The plaintiff recovered judgment in the trial court, and defendant appealed.
The question then arose whether the cases should be re-docketed for hearing, or whether the former judgment and opinion stood as a final determination of the cases. We held to the latter view, but finding ourselves in conflict with the St. Louis Court of Appeals on that question (Bank v. Woesten, 76 Mo. App. 155), we again certified the cases to the Supreme Court. That court again returned them, being of the opinion that the last question was not such as could be certified to them. Bradley v. Ins. Co., 163 Mo. 553. We then rendered an opinion (90 Mo. App. 349) by Broaddus, J., on motion for mandate, ordering that it be issued. .
By the foregoing it will be seen that the other cases involving the same questions as those involved here, have been determined by us. They control this case and the judgment will therefore be reversed and the cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.