Dawson v. Waldheim
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spenceb,, Judge. A warehouse keeper may legally carry an insurance against loss by fire on goods stored with him, where he is liable for their safekeeping. Eerguson v. Pekin Plow Co., 141 Mo. 161. When a contract is not void at law, it is no defense to its enforcement to say that the profits would not equal the costs of carrying the contract into full effect.
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Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spenceb,, Judge. A warehouse keeper may legally carry an insurance against loss by fire on goods stored with him, where he is liable for their safekeeping. Eerguson v. Pekin Plow Co., 141 Mo. 161. When a contract is not void at law, it is no defense to its enforcement to say that the profits would not equal the costs of carrying the contract into full effect. And where a party agrees to keep another’s property insured, even though the undertaking be gratuitous, he will be held to a fulfillment of his promise if he does anything…
1Opinion of the CourtBiggs, J.
This suit was originally brought against David May and Aaron "Waldheim, composing the firm of May, Stern & Company. It was subsequently dismissed as to May. The firm was engaged in selling furniture, carpets, etc., on the instalment plan. It also had a storage department, which it conducted in connection with its regular business. The storage business was usually confined to the care and custody of goods upon which the firm held mortgages. On the twenty-ninth day of September, 1896, and also in October, 1897, the plaintiff stored with the firm her household goods, including a carpet which she…
2Cases cited1 opinion
- Ferguson v. Pekin Plow Co.Supreme Court of Missouri · 1897
3Cited by3 opinions
- Dawson v. WaldheimMissouri Court of Appeals · 1901
- Webster Bros. Milling Co. v. BinghamArizona Supreme Court · 1912
- Schwirtz v. Woodford Distilling Co.Appellate Court of Illinois · 1912