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  5. 249 S.W.2d 402 (1952)
 

MERCER v. MILLERS' MUT. FIRE INS. ASS'N

No. 42484.

249 S.W.2d 402 (1952)

MERCER v. MILLERS' MUT. FIRE INS. ASS'N.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer to Denied June 9, 1952.

Attorney(s) appearing for the Case

Franklin E. Reagan, Sievers & Reagan, St. Louis, and Oliver & Oliver, Cape Girardeau, for appellant.

Frank A. Lowry, James A. Finch and Finch & Finch, Cape Girardeau, for respondent.

Motion for Rehearing or to Transfer to Court en Banc Denied June 9, 1952.

BARRETT, Commissioner.

Christina C. Mercer's "Tot-Teen Shop" on Main Street in Cape Girardeau was insured in the Millers' Mutual Fire Insurance Association in the sum of $24,500. On the 16th day of February 1949 the stock of merchandise was partially destroyed by fire and damaged by smoke and water. After taking Mrs. Mercer's examination under oath the insurance company "under the facts...

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