Plahto v. Merchants' & Manufacturers' Insurance
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was not a question of waiver, but is an attempt to hold the company on a verbal insurance. This policy is a special open policy; nothing is insured under it till it is entered on the policy.
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Appeal from St. Louis Circuit Court. This was not a question of waiver, but is an attempt to hold the company on a verbal insurance. This policy is a special open policy; nothing is insured under it till it is entered on the policy. When the plaintiff produces his policy only, he has got no case; the goods are not insured by it; and he then attempts to show by parol that the secretary insured his goods on a verbal contract, or in some other way than the one pointed out in the contract existing between Gray, as his agent, and the company. It is not a case where an officer of the company…
1Opinion of the CourtHolmes, Judge
The plaintiff sues as the party insured, on a policy by which the defendant caused “ S. M. Gray, agent,” to be insured “ in such sums on property from and to such places, and on board such vessels as shall be specified by.application, and mutually agreed upon and written on this policy.” It appears that S. M. Gray effects this policy as the agent of the plaintiff. The usual policy book was annexed to it, in which the declarations of the vessel’s voyages and property insured were to be written under this clause. The goods, which are claimed to have been insured in this instance, were shipped…
2Cases cited5 opinions
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Graves & Barnewall v. Boston Marine InsuranceSupreme Court of the United States · 1805
- Davis v. BoardmanMassachusetts Supreme Judicial Court · 1815
- Dawes v. North River InsuranceNew York Supreme Court · 1827
- Wise v. St. Louis Marine InsuranceSupreme Court of Missouri · 1856
3Cited by9 opinions
- Henning v. United States InsuranceSupreme Court of Missouri · 1871
- Tesson v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1867
- Weaver v. DrakeSupreme Court of Oklahoma · 1920
- St. Louis Police Relief Ass'n v. TierneyMissouri Court of Appeals · 1906
- Mound City Mutual Fire & Marine Insurance v. CurranSupreme Court of Missouri · 1868
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