Legal Opinion

Shepard v. Boone County Home Mutual Fire Insurance

Missouri Court of Appeals

Decided May 31, 1909PublishedCited by 3 opinions

Appeal from Boone County Circuit Court. — Now. Nich If. Bradley, Judge. (1) “Parol contracts may be binding upon aggregate corporations if by agent authorized to contract, and contracts may be implied on the part of said corporations •from their corporate acts, or those of an agent whose powers are of a general character.” King v. Insurance Co., 195 Mo. 305; Baile y. Insurance Co., 73 Mo. 371; Lingenfelter v. Insurance Co., 19 Mo. App. 263; Gerrish y.

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Appeal from Boone County Circuit Court. — Now. Nich If. Bradley, Judge. (1) “Parol contracts may be binding upon aggregate corporations if by agent authorized to contract, and contracts may be implied on the part of said corporations •from their corporate acts, or those of an agent whose powers are of a general character.” King v. Insurance Co., 195 Mo. 305; Baile y. Insurance Co., 73 Mo. 371; Lingenfelter v. Insurance Co., 19 Mo. App. 263; Gerrish y. Insurance Co., 55 N. H. 355; Thompson y. Insurance Co. (Wash.), 88 Pac. 941; Zell y. Insurance Co. (Wis.), 44 N. W. Rep. 828; Insurance Co. y.…

1Opinion of the CourtEllison, J.

— This action is based on an oral contract of fire insurance. The trial court directed a verdict for the defendant.

It appears that defendant is a mutual company and that plaintiff was a member thereof and had been a holder of policies insuring different pieces of his property for several years. Some of these expired in October, 1906, but the one in controversy, covering his barn in the sum of $1000, did not expire until December 8, 1906. In September or October, shortly before the first ones expired, Smith, defendant’s agent called at plaintiff’s house but found that plaintiff was too sick to…

2Cases cited1 opinion

  1. Meyer v. WrightMissouri Court of Appeals · 1885

3Cited by3 opinions

  1. Chailland v. M. F. A. Mutual Insurance Co.Supreme Court of Missouri · 1964
  2. Telford v. Bingham County Farmers' Mutual InsuranceIdaho Supreme Court · 1932
  3. Chailland v. M. F. A. Mutual Insurance Co.Supreme Court of Missouri · 1964

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