Kansas City Stock Yards Co. v. A. Reich & Sons, 250 S.W.2d 692 (1952)

Citation: Kansas City Stock Yards Co. v. A. Reich & Sons, 250 S.W.2d 692 (1952)
Parent Document: Kansas City Stock Yards Co. v. A. Reich & Sons, 250 S.W.2d 692 (1952)
Jurisdiction: Missouri (state)
Effective Date: 1952-07-14
Original Source: https://www.courtlistener.com/opinion/1775918/kansas-city-stock-yards-co-v-a-... ↗

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Paragraph 3 of the Second Amended Answer of defendant to plaintiff's third amended petition denied negligence on its part and further alleged as a defense that plaintiff and defendant had entered into an oral agreement for a month to month tenancy in 1938, at which time it was mutually agreed that the rent should be raised from $75 to $112.50 per month, and the rental was partly to cover the cost of insurance. That it was also mutually agreed that plaintiff was to insure the premises and in case of fire was to look solely to the insurance companies for compensation for its damage by fire, if any, and that the defendant was not to be responsible for damages occasioned by any fire during its use and occupancy of the premises. That pursuant to this agreement, the defendant paid the $112.50 monthly, that the plaintiff procured insurance and that after the fire, certain insurance companies (naming them) collectively paid plaintiff the entire amount of plaintiff's loss. That before the issuance of the policy representatives of the insurance companies inspected the premises, determined the rate of insurance on its then condition and use and upon such inspection issued the policy; that it was further agreed between plaintiff and defendant that loss by fire, if any, would be paid by the insurance companies and that this agreement was for the benefit of both plaintiff and defendant, but that plaintiff, having no claim of its own against defendant, was being used to collect for the insurance companies, whom, it was asserted, also had no just claim.

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