Swing v. Clarksville Cider & Vinegar Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The court erred in holding that the fact that the Union Mutual Eire Insurance Company had not obtained authority to do business in Missouri rendered the note sued upon void. The fact that the insurance company had failed to comply with the statutes, regarding the doing of business in Missouri, will not prevent it or its assignee from collecting a premium note. Ins.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The court erred in holding that the fact that the Union Mutual Eire Insurance Company had not obtained authority to do business in Missouri rendered the note sued upon void. The fact that the insurance company had failed to comply with the statutes, regarding the doing of business in Missouri, will not prevent it or its assignee from collecting a premium note. Ins. Co. v. Walsh, 18 Mo. 237; Clark v. Middleton, 19 Mo. 56; Union Mut. E. I. Co. v. McMillen, 24 Ohio St. 67. The subsequent act of the legislature shows that it…
1Opinion of the CourtBiggs, J.
In 1887, The Union Mutual Fire Insurance Company was incorporated under the laws of the state of Ohio. As its name indicates, it was authorized to do a fire insurance business on the mutual plan. In 1888 the defendant, a Missouri corporation, insured its property in Clarksville, Missouri, in this company for the period of five years. In consideration of the policy the defendant executed and delivered to the insurance company a premium note for $300, which it agreed to pay at such times and in such sums as might be necessary to meet the liabilities of the company. The defendant paid one or two…
2Cases cited4 opinions
- Columbus Insurance v. WalshSupreme Court of Missouri · 1853
- American Insurance v. SmithSupreme Court of Missouri · 1881
- Clark v. Middleton & RileySupreme Court of Missouri · 1853
- Rennick v. WaltonSupreme Court of Missouri · 1842
3Cited by3 opinions
- Sawyer v. ThomasMissouri Court of Appeals · 1905
- Bankers Mortgage Co. v. LessleyMissouri Court of Appeals · 1931
- Swing v. Sligo Furnace Co.Appellate Court of Illinois · 1907