Archer v. Merchants' & Manufacturers' Insurance
Supreme Court of Missouri
Jlfipeal from St. Louis Circuit Court. I. The court should have allowed the defendant to file its amended answer. Plaintiff is the assignee of Cook, the insured, after the fire,, and the assignment subjects him to all the liabilities of Cook. The face of the policy fully notified Archer Avhat Cook’s liabilities were. Cook was a member of the company by the terms of the policy, and by the assignment could not give Archer any better position than he had .himself.
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Jlfipeal from St. Louis Circuit Court. I. The court should have allowed the defendant to file its amended answer. Plaintiff is the assignee of Cook, the insured, after the fire,, and the assignment subjects him to all the liabilities of Cook. The face of the policy fully notified Archer Avhat Cook’s liabilities were. Cook was a member of the company by the terms of the policy, and by the assignment could not give Archer any better position than he had .himself. It would seem tobe a'strange doctrine that a member of a mutual insurance company can, after he has suffered a loss, assign his…
1Opinion of the CourtWagner, Judge
This was an action brought by the plaintiff as assignee of a policy of insurance issued by .the defendant to John Cook, and dated February 9, 1866, whereby defendant insured Cook for six years against lohs by fire, in the sum of twenty-five hundred dollars, upon a wagon-maker’s shop and materials used in manufacturing wagons.
The policy was a mutual policy, and Cook, at the time of obtaining insurance, gave his premium note for nine hundred dollars, “payable in such portions and at such time or times as the directors of said company may, agreeably to their regulations, require.”
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2Cases cited3 opinions
- Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
- Harper v. . New York City Insurance CompanyNew York Court of Appeals · 1860
- Bidwell v. St. Louis Floating Dock & InsuranceSupreme Court of Missouri · 1867
3Cited by24 opinions
- Ocean Accident & Guarantee Corp. v. Southwestern Bell Telephone Co.Court of Appeals for the Eighth Circuit · 1939
- Sanford v. Royal InsuranceWashington Supreme Court · 1895
- Maryland Casualty Co. v. Omaha Electric Light & Power Co.Court of Appeals for the Eighth Circuit · 1907
- East Texas Fire Ins.v. CoffeeTexas Supreme Court · 1884
- Phoenix Insurance v. FlemmingSupreme Court of Arkansas · 1898
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