Merchants' & Manufacturers' Insurance v. Curran
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The secretary bad no power in the matter until after approval by tbe committee. (Plabto v. Mercb. & Man. Ins. Co., 88 Mo. 255; Mound City Mut. Ins. Co. v. Curran, 42 Mo. 374; Ang. & Ames on Corp. 291; 11 C. & B. 926-7; 2 Crancb, 127 ; 5 McLean, 194; 31 Eng.
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Appeal from St. Louis Circuit Court. The secretary bad no power in the matter until after approval by tbe committee. (Plabto v. Mercb. & Man. Ins. Co., 88 Mo. 255; Mound City Mut. Ins. Co. v. Curran, 42 Mo. 374; Ang. & Ames on Corp. 291; 11 C. & B. 926-7; 2 Crancb, 127 ; 5 McLean, 194; 31 Eng. Law & Eq. 57; 4 Wheat. 636 ; 4 Pet. 152; 9 How. 172.) In case of special hazard, the majority of the directors, the president and secretary, had no right to issue a policy until the committee of three had examined and approved, in accordance with by-laws. (13 Pet. 519; 14 Pet. 122 ; 1 Sumner, 46; 1…
1Opinion of the CourtCurrier, Judge
This suit is brought to recover two assessments upon the defendant’s premium note, payable to the plaintiffs. The note was given in consi deration of a policy of insurance issued to the defendant by the plaintiffs, insuring certain property therein described.
The answer admits the execution and delivery of the note and policy, and also the levying of the assessments, the latter facts not being specifically denied. The defense rests upon the affirmative ground that the note was given without consideration, the *144policy being the only inducement to it, and that being, as is alleged, void and o£ no…
2Cases cited2 opinions
- Plahto v. Merchants' & Manufacturers' InsuranceSupreme Court of Missouri · 1866
- Mound City Mutual Fire & Marine Insurance v. CurranSupreme Court of Missouri · 1868
3Cited by3 opinions
- Summers v. Metropolitan Life Ins.Missouri Court of Appeals · 1901
- State v. WalkerSupreme Court of Missouri · 1913
- Witte v. Western Mutual Fire InsuranceMissouri Court of Appeals · 1876