Gantt v. American Central Insurance
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. This was a suit on a contract of re-insurance against loss by fire, brought by the plaintiffs, Gantt and Strong, as trustees for Hening & Pearce, surviving partners of the firm of Hening & Woodruff. The facts are as follows : On the 9th day of June, 1864, Hening & Woodruff sustained a loss by fire of 700 bales of cotton, valued .at $280,000, on the steamer Progress, on a voyage between the mouth- of Red river and the mouth of the Ohio.
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Appeal from St. Louis Court of Appeals. This was a suit on a contract of re-insurance against loss by fire, brought by the plaintiffs, Gantt and Strong, as trustees for Hening & Pearce, surviving partners of the firm of Hening & Woodruff. The facts are as follows : On the 9th day of June, 1864, Hening & Woodruff sustained a loss by fire of 700 bales of cotton, valued .at $280,000, on the steamer Progress, on a voyage between the mouth- of Red river and the mouth of the Ohio. They claimed to be insured with the United States Insurance Company, under an open policy and a supplementary verbal…
1Opinion of the CourtHough, J.
It is urged by the defendant that the contract of July 18th, 1864, altered the relations of the reassured and re-insurers, as they existed under the policies of re-insurance, and irrevocably committed to the United States Insurance Company, the defense of the suit brought by Hening & Woodruff against it in the circuit court of the United States, and made said company a trustee as to the policies of re-insurance held by it; that the contract of July 24th, 1872, by which it stipulated for the assignment of said policies in satisfaction of any judgment which might be recovered against it,…
2Cases cited5 opinions
- Strong v. Phœnix InsuranceSupreme Court of Missouri · 1876
- Eagle Insurance v. Lafayette InsuranceIndiana Supreme Court · 1857
- Blackstone v. . Alemannia Fire Ins. Co.New York Court of Appeals · 1874
- Herckenrath v. American Mutual InsuranceNew York Court of Chancery · 1848
- Carrington v. Commercial Fire & Marine Insurance of Jersey CityThe Superior Court of New York City · 1857
3Cited by10 opinions
- Homan v. Employers Reinsurance Corp.Supreme Court of Missouri · 1940
- Johannes v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1886
- Cass County v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1905
- O'HARE v. PursellSupreme Court of Missouri · 1959
- Globe National Fire Insurance v. American Bonding & Casualty Co.Supreme Court of Iowa · 1923
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