Kahn v. Mercantile Town Mutual Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses ÍV. Sale, Judge. (1) Tbe original return of service on the official in charge of “defendant’s usual business office” was fatally deficient under the law requiring service on the person in charge of the “principal office of such company,” as defendant. R. S. 1899, sec. 8092; Thomason y. Ins.
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Appeal from St. Louis City Circuit Court. — Hon. Moses ÍV. Sale, Judge. (1) Tbe original return of service on the official in charge of “defendant’s usual business office” was fatally deficient under the law requiring service on the person in charge of the “principal office of such company,” as defendant. R. S. 1899, sec. 8092; Thomason y. Ins. Co., 89 S. W. Rep. 564. (2) The trial court erred in permitting an amendment of the return, without notice thereof to defendant and entering judgment against defendant thereon. Trust Co. v. Railroad, 93 S. W. Rep. 914. (3) After the trial court allowed…
1Opinion of the CourtReynolds, P. J.
This case was brought on appeal to this court from the circuit court of the city of St. Louis, the certified copy of the judgment rendered and the order allowing the appeal being filed in this court May 5, 1906. It was submitted on briefs October 3, 1906, and on the 5th of February, 1907, the judgment of the circuit court was affirmed, the opinion of this court being- written by the then presiding judge, the Honorable Charles O. Brand, in which all the court concurred. Afterwards on motions made to transfer the case to the Supreme Court on the ground stated, among others, that it involved the…
2Cases cited5 opinions
- Picot v. BatesSupreme Court of Missouri · 1866
- Kahn v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1910
- Reed v. VaughanSupreme Court of Missouri · 1851
- Brown v. KingSupreme Court of Missouri · 1867
- Mumford v. KeetMissouri Court of Appeals · 1897
3Cited by3 opinions
- Hagemann v. PinskaMissouri Court of Appeals · 1931
- Toler v. CooverSupreme Court of Missouri · 1934
- Hecker v. BleishSupreme Court of Missouri · 1931