American Spelter Co. ex rel. Union Trust Co. v. Manchester Fire Assurance Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. Under the terms of the policy, the loss is payable, absolutely, • to the Union Trust Company, which is the real party in interest, and the only party entitled to maintain an action on the policy.- Griswold v. Ins. Go., 1 Mo. App. 97-100; Berthold v. Ins. Co., 2 Id. 311-316; Burris v. Ins. Co., 65Id. 157; Bartlett v. Ins.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. Under the terms of the policy, the loss is payable, absolutely, • to the Union Trust Company, which is the real party in interest, and the only party entitled to maintain an action on the policy.- Griswold v. Ins. Go., 1 Mo. App. 97-100; Berthold v. Ins. Co., 2 Id. 311-316; Burris v. Ins. Co., 65Id. 157; Bartlett v. Ins. Co., 41 N. W. Rep. 579. The insured and mortgagor can not adjust the loss or agree upon the amount of it, so as to bind the mortgagee, without the consent of the latter. Brown v. Ins. Co., 5 R. I. 394;…
1Opinion of the CourtBland, P. J.
This suit was brought on a fire insurance policy issued by the appellant to the American Spelter Company, “loss, if any, payable to the Union Trust Company of St. Louis,” was written in the face of the policy, and this fact was averred in the petition. The answer admitted the execution'of the policy, but set up by way of defense a number of breaches of the conditions of the policy by the American Spelter Company. It also contained a general denial. A reply to the answer was filed. On the trial the appellant objected to the introduction of any evidence, upon the ground that the Union Trust…
2Cases cited2 opinions
- Pike v. MartindaleSupreme Court of Missouri · 1886
- Hagar v. GravesMissouri Court of Appeals · 1887
3Cited by2 opinions
- McKee v. DowningSupreme Court of Missouri · 1909
- Union Trust Co. v. Provident Washington InsuranceMissouri Court of Appeals · 1899