Cass County v. Mercantile Town Mutual Insurance
Supreme Court of Missouri
Appeal from Bates Circuit Court. — How. W. W. Graves, Judge. (1) Defendant had no power to issue a policy of reinsurance, so-called, or to do any other act or thing than to mutually insure the property of its members, and to raise funds for the payment of losses sustained by its members, by assessment upon its members.
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Appeal from Bates Circuit Court. — How. W. W. Graves, Judge. (1) Defendant had no power to issue a policy of reinsurance, so-called, or to do any other act or thing than to mutually insure the property of its members, and to raise funds for the payment of losses sustained by its members, by assessment upon its members. Laws 1895, p. 200, secs. 1, 2, 3, 4. Both the companies were organized for the sole purpose of mutually insuring the property of their members, for the purpose of paying any losses incurred by any member thereof, by assessment, as provided by their constitution and bylaws. To…
1Opinion of the CourtBurgess, P. J.
The petition is in the usual form. Among the defenses set up in the answer is that the policy sued upon was ultra vires of the defendant company. The court made a special finding of facts as follows:
“In this cause the court doth find, from the evidence and admissions, the facts to be as follows:
“That defendant is a mutual fire insurance company organized under the laws of Missouri, Laws 1895, p. —; that the State Town Mutual Eire Insurance Company of Nevada, Missouri, is a similar company, organized and doing business by authority of the same legislative act; that on October 28, 1898, said…
2Cases cited25 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- State ex rel. Cosgrove v. PerkinsSupreme Court of Missouri · 1897
- First National Bank v. Guardian Trust Co.Supreme Court of Missouri · 1905
- Durham v. Carbon Coal & Mining Co.Supreme Court of Kansas · 1879
20 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Illinois Fuel Co. v. Mobile & Ohio RailroadSupreme Court of Missouri · 1928
- Coleman v. HageySupreme Court of Missouri · 1913
- Roberts v. QuisenberrySupreme Court of Missouri · 1951
- Prudential Insurance Co. of America v. German Mutual Fire InsuranceMissouri Court of Appeals · 1937
- Pella Farmers Mutual Insurance v. Hartland Richmond Town InsuranceWisconsin Supreme Court · 1965
21 more not listed; retrieve them via the Exa API.