Non-Royalty Shoe Co. v. Phoenix Assurance Co.
Supreme Court of Missouri
Appeal from. Pike Circuit Court. — Hon. Edgar B. Wool-folk, Judge. (1) Sec. 7068, B. S. 1909, is unconstitutional as denying to the insurance companies penalized thereunder the equal protection of the .law, and as depriving said insurance companies of their property without due process of law, and is not a. proper classification, under the Constitution of Missouri or of the United States.
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Appeal from. Pike Circuit Court. — Hon. Edgar B. Wool-folk, Judge. (1) Sec. 7068, B. S. 1909, is unconstitutional as denying to the insurance companies penalized thereunder the equal protection of the .law, and as depriving said insurance companies of their property without due process of law, and is not a. proper classification, under the Constitution of Missouri or of the United States. Paddock v. Bailroad, 155 Mo. 524; Gulf, etc., Bailroad v. Ellis, 165 U. S. 150; West v. Bailroad, 118 Mo. App. 432; Williamson v. Liverpool Insurance Co., 105 Fed. 31; St. Louis v. Wynne, 224 U. S. 354;…
1Opinion of the CourtFaris, J.
This is an action on a contract of insurance for a loss sustained by fire. Jurisdiction herein by reason of the amount involved lay originally in the St. Louis Court of Appeals, but that learned court, after filing an opinion reversing and remanding it for errors, certified it up to us, because Reynolds, P. J., deemed the holding in the opinion, upon the point of allowing an attorney’s fee as damages for an alleged vexatious refusal to pay the loss, in conflict with the decisions both of. the Kansas City Court of Appeals and of this court.
The facts of the case, so far as concern the pleadings…
2Cases cited11 opinions
- Brinkerhoff-Farris Trust & Savings Co. v. Home Lumber Co.Supreme Court of Missouri · 1893
- Keller v. Home Life InsuranceSupreme Court of Missouri · 1906
- Young v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
- Patterson v. American InsuranceMissouri Court of Appeals · 1913
- Hancock v. BlackwellSupreme Court of Missouri · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
- Camdenton Consolidated School District No. 6 Ex Rel. W. H. Powell Lumber Co. v. New York Casualty Co.Supreme Court of Missouri · 1937
- Wells v. Missouri Property Insurance Placement FacilitySupreme Court of Missouri · 1983
- Massachusetts Bonding & Ins. v. R. E. Parsons Electric Co.Court of Appeals for the Eighth Circuit · 1932
- Rice v. Provident Life & Accident InsuranceMissouri Court of Appeals · 1937
69 more not listed; retrieve them via the Exa API.