Rochester Mining Co. v. Maryland Casualty Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) The liability of appellant is measured by the terms of its written contract. Wollman v. Casualty Co., 87 Mo.' App. 677. (2) Where the policy so provides, defendant is not liable to plaintiff until actual payment of the judgment in the original case. Allen v. Insurance Co., 145 Fed. 881, 137 Fed. 136; Connolly v. Bolster, 72 N. E. (Mass.) 981; Travelers Ins. Co. v. Moses, 63 N. J. Eq. 260, 49 Atl. 720, 92 Am.
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Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) The liability of appellant is measured by the terms of its written contract. Wollman v. Casualty Co., 87 Mo.' App. 677. (2) Where the policy so provides, defendant is not liable to plaintiff until actual payment of the judgment in the original case. Allen v. Insurance Co., 145 Fed. 881, 137 Fed. 136; Connolly v. Bolster, 72 N. E. (Mass.) 981; Travelers Ins. Co. v. Moses, 63 N. J. Eq. 260, 49 Atl. 720, 92 Am. St. Rep. 663; Frye v. Bath, 54 Atl. 395, 59 L. R. A. 444, 97 Me. 241. The ordinary surety or guarantor is the favorite of…
1Opinion of the CourtCox, J.
The contention of appellant is that the provision in the policy that no action should lie against it until final judgment should be rendered by a court of last resort and that judgment paid by plaintiff is an absolute one, and this contingency not having occurred, plaintiff’s suit is prematurely brought.
Plaintiff contends that the failure of defendant to furnish appeal bond and stay execution upon the judgment in the circuit court forced the plaintiff to pay *561the judgment before the determination of the appeal and by that act defendant is estopped to insist upon the enforcement of that…
Also in this document: Concurrence.
2Cases cited7 opinions
- Anoka Lumber Co. v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1895
- Hoven v. Employers' Liability Assurance Corp.Wisconsin Supreme Court · 1896
- Davison v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1908
- Stephens v. Pennsylvania Casualty Co.Michigan Supreme Court · 1903
- Long Bros. Grocery Co. v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States Fire Ins. Co. v. SmithSupreme Court of Alabama · 1935
- Commercial Casualty Ins. v. Fruin-Colnon Contracting Co.Court of Appeals for the Eighth Circuit · 1929
- General Accident, Fire & Life Assurance Corp. v. Louisville Home Telephone Co.Court of Appeals of Kentucky · 1917
- Century Realty Co. v. Frankfort Marine Accident & Plate Glass InsuranceMissouri Court of Appeals · 1913
- Conqueror Zinc & Lead Co. v. Aetna Life InsuranceMissouri Court of Appeals · 1911
9 more not listed; retrieve them via the Exa API.