Wise v. St. Louis Marine Insurance
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. This was a suit on a policy of insurance, dated January 1st, 1858. The policy covered the usual perils, and contained the following clauses : “ This policy of insurance witnesseth, that the Marine Insurance Company of St. Louis do by these presents cause Mr. Samuel L. James to be insured, lost or not lost, to the 31st day of December, 1853, on all shipments of merchandise, the property of the assured, at and from places within the…
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Error to St. Louis Court of Common Pleas. This was a suit on a policy of insurance, dated January 1st, 1858. The policy covered the usual perils, and contained the following clauses : “ This policy of insurance witnesseth, that the Marine Insurance Company of St. Louis do by these presents cause Mr. Samuel L. James to be insured, lost or not lost, to the 31st day of December, 1853, on all shipments of merchandise, the property of the assured, at and from places within the United States, direct to St. Louis, on good ships and vessels by sea, good steamboats on lakes and rivers, good canal…
1Opinion of the CourtScott, Judge
It is a rule of law that, if an insurance is made by a person in his own name only, without any indication in the policy that any other is interested, it can be applied only to his own proper interest in the subject, or his interest as trustee, or in some other way. (1 Phil, on Ins. 210.) Thus it was held that, where a part owner of a vessel, or its outfits, effected insurance thereon, in his own name only, and there was nothing in the policy which indicated that the interest of any other person was secured thereby, an action on the policy could not be maintained in the name of all the…
2Cases cited2 opinions
- Graves & Barnewall v. Boston Marine InsuranceSupreme Court of the United States · 1805
- Turner v. BurrowsNew York Supreme Court · 1830
3Cited by4 opinions
- Brugioni v. Maryland Casualty CompanySupreme Court of Missouri · 1964
- Plahto v. Merchants' & Manufacturers' InsuranceSupreme Court of Missouri · 1866
- Newbill v. Union Indemnity Co.Missouri Court of Appeals · 1933
- Willamette Nav. Co. v. Hartford Fire Ins.Court of Appeals for the Ninth Circuit · 1923