Legal Opinion

Bealmer v. Hartford Fire Insurance

Supreme Court of Missouri

Decided March 13, 1920PublishedCited by 16 opinions

Appeal from Macon Circuit Court. — Hon. Vernon L. Drain, Judge. (1) Sec. 7047, R. S. 1909, denies foreign insurance companies equal protection of the law. This section is violative of Section 1 of the Fourteenth Amendment to the Federal Constitution, and is unconstitutional and void. Said section conflicts with Sub-section 26, Section 53, Article 4, Constitution of Missouri, and with Article 2 of Section 30 of Constitution of Missouri.

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Appeal from Macon Circuit Court. — Hon. Vernon L. Drain, Judge. (1) Sec. 7047, R. S. 1909, denies foreign insurance companies equal protection of the law. This section is violative of Section 1 of the Fourteenth Amendment to the Federal Constitution, and is unconstitutional and void. Said section conflicts with Sub-section 26, Section 53, Article 4, Constitution of Missouri, and with Article 2 of Section 30 of Constitution of Missouri. Southern Railway Co. v. E-reene, 216 U. S. 400. ('2) Defendant having been authorized to do business in Missouri was, after such authorization, entitled to be…

1Opinion of the CourtWilliamson, J.

This is a suit upon a fire insurance policy. The plaintiff recovered judgment below in the sum of $1417.60. A motion for a new trial having proved unavailing, this appeal is taken. The essential facts are as follows:

Appellant insured the church building of the Baptist Church of Atlanta, Missouri, against fire, in the sum of fifteen hundred dollars. W. J. Dearing was the “surveying agent” for appellant in Atlanta, and as such countersigned all policies issued by it in that city, including the one here in question. Appellant was duly authorized to transact the business of insurance in this…

2Cases cited10 opinions

  1. Lohmeyer v. St. Louis Cordage Co.Supreme Court of Missouri · 1908
  2. Equitable Life Assurance Society v. BrownSupreme Court of the United States · 1902
  3. Miller v. ConnorSupreme Court of Missouri · 1913
  4. Stegall v. American Pigment & Chemical Co.Supreme Court of Missouri · 1915
  5. St. Joseph & Grand Island Railroad v. SteeleSupreme Court of the United States · 1897

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3Cited by16 opinions

  1. City of St. Louis v. Butler Co.Supreme Court of Missouri · 1949
  2. Magenheim v. Board of Education of School District of Riverview GardensSupreme Court of Missouri · 1960
  3. State v. LOUIS UNION TRUST CO.Supreme Court of Missouri · 1952
  4. Stock v. SchlomanSupreme Court of Missouri · 1929
  5. Kristanik v. Chevrolet Motor Co.Supreme Court of Missouri · 1934

11 more not listed; retrieve them via the Exa API.

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