Barton v. Home Insurance
Supreme Court of Missouri
Appeal from Howard Circuit Court. I. The plaintiffs’ hemp was stored in a warehouse in Glasgow, within the military lines of an army then in absolute possession of the place, under regular officers and leaders, constituting apart of the armies of the late rebellion. This army was a “usurped power,” within the meaning of the policy.
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Appeal from Howard Circuit Court. I. The plaintiffs’ hemp was stored in a warehouse in Glasgow, within the military lines of an army then in absolute possession of the place, under regular officers and leaders, constituting apart of the armies of the late rebellion. This army was a “usurped power,” within the meaning of the policy. To shield itself under the defense that the plaintiffs’ hemp was burned by • means of this usurped power, it was incumbent on the defendant to prove that the usurped power was the proximate cause of the loss ; and to do this it was necessary to show that the hemp…
1Opinion of the CourtWagner, Judge
This was an action upon a policy of insurance for $10",OW,. issued by defendant to plaintiffs, on a lot of hemp stored in a warehouse belonging to B. W. Lewis, in the city of Glasgow,in Howard county, in this State. The hemp was destroyed on the 17th day of October, 1861, by fire, while an armed and organized force of the rebel army held military possession and control of the place. The evidence shows most clearly that-when, on the 15th day of October, the national soldiers were overpowered and compelled to surrender to the rebels, the latte-force held absolute and exclusive possession of the…
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