Legal Opinion · Concurrence

Lucas v. Central Missouri Trust Co.

Supreme Court of Missouri

Decided May 5, 1942Published

1Concurrence

The facts are well covered in the principal opinion of CLARK, J., and succinctly summarized in the concurring opinion of DOUGLAS, J. As stated therein, this action for money had and received involves about $290,000 out of a fund of $2,751,256.32, compulsorily paid into the circuit court of Cole County by 155 insurance companies in the Aetna restitution proceeding.1 This fund represented the disputed portion of the premiums collected by the companies during the pendency of prior unsuccessful litigation to review an order reducing fire insurance rates.2 Under a statute effective throughout most…

2Cases cited27 opinions

  1. Broom v. DouglassSupreme Court of Alabama · 1912
  2. State Ex Rel. Abeille Fire Insurance v. SevierSupreme Court of Missouri · 1934
  3. Aetna Insurance v. HydeSupreme Court of Missouri · 1926
  4. Aetna Insurance v. O'MalleySupreme Court of Missouri · 1938
  5. Rush v. BuckleySupreme Judicial Court of Maine · 1905

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