Goldwasser v. Boonshaft
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Moses Hartman, Judge. (1) Where it does not appear either from the pleadings or evidence that the agent stands in the position of assignee or successor to the insurance company, or stands subrogated to it, an agent cannot recover from the insured for any pr.emiums advanced by him.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Moses Hartman, Judge. (1) Where it does not appear either from the pleadings or evidence that the agent stands in the position of assignee or successor to the insurance company, or stands subrogated to it, an agent cannot recover from the insured for any pr.emiums advanced by him. Chapin v. Betts, 7 Ohio Dec. 422; Lounsbury v. Duckrow, 50 N. Y. Sup. 927; Willey v. Casualty Co., 77 Fed. 961; Willey v. Casualty Co., 80 Fed. 497; De Croat v. Clark, 64 N. Y. Sup. 282; Hewit v. Ins. Co., 83 N. Y. Sup. 282. Before an agent can recover…
1Opinion of the CourtAllen, P. J.
This is an action by an insurance •agent to recover the amount of an insurance premium alleged to be due plaintiff from the defendant. On December 21, 1916, plaintiff, being an agent of the Kansas City Life Insurance Company, with offices in the city of St. Loaxis, had a conversation with the defendant, a married woman, in regard to obtaining an application for a policy of life insurance in plaintiff’s company. This conversation took place at the place of business of defendant and her husband on Smith Broadway in the city of St. Louis. According to plaintiff’s testimony, defendant decided…
2Cases cited3 opinions
- Harrison v. BirrellOregon Supreme Court · 1911
- Gillett v. Insurance Co. of North AmericaAppellate Court of Illinois · 1891
- Holmes v. Thomason Bros.Court of Appeals of Texas · 1901
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- Camuso EstatePennsylvania Orphans' Court, Lawrence County · 1952