Cox v. American Insurance
Missouri Court of Appeals
Error to Chariton Circuit Court. — Hon. John P. Butler, Judge. (1) As to the service the facts are stated in our statement of facts. The service is purely constructive, having been attempted to be made on the superintendent of insurance appointed by law to receive and accept service on behalf of insurance companies doing business in this State.
Read the full summary
Error to Chariton Circuit Court. — Hon. John P. Butler, Judge. (1) As to the service the facts are stated in our statement of facts. The service is purely constructive, having been attempted to be made on the superintendent of insurance appointed by law to receive and accept service on behalf of insurance companies doing business in this State. Such service is not what is commonly known as personal service, but is constructive, and must be technically correct in order to give the court jurisdiction. Vickery v. Railroad, 93 Mo. App. 1. (2) The petition does not contain any averment by…
1Opinion of the CourtJohnson, J.
— Judgment by default was rendered for the plaintiff in the circuit court of Chariton county in an action brought therein by W. D. Cox against the American Insurance Company of Newark, New Jersey, and the cause is here on writ of error sued out by the defendant (plaintiff in error here). The action is on a policy of fire insurance and since one of the points advanced by defendant is that the petition fails to state a cause of action, we copy that pleading in our statement of facts.
“In the Circuit Court of Chariton County, Missouri, at Salisbury, September Term, 1908.
“W. D. Cox, Plaintiff, ys.…
2Cases cited2 opinions
- Rodgers v. Western Home Town Mutual Fire InsuranceSupreme Court of Missouri · 1905
- Vickery v. Omaha, Kansas City & Eastern Railway Co.Missouri Court of Appeals · 1902
3Cited by1 opinion
- Crabtree v. Aetna Life InsuranceSupreme Court of Missouri · 1937