Legal Opinion

German-American Insurance v. Tribble

Missouri Court of Appeals

Decided February 4, 1901PublishedCited by 6 opinions

Appeal from the Jackson Circuit Court. — Hon. N; P. Gates, Judge. (1) It was the duty of the court upon the general request for finding of facts to state its finding upon all the substantive facts in issue. And a general finding that plaintiff was entitled to recover is not enough when objected to at the time by defendants. This action of court was error. Hospital Ass’n v. Williams, 19 Mo. 1. c. 612; Nichols v. Garter, 49 Mo.

Read the full summary

Appeal from the Jackson Circuit Court. — Hon. N; P. Gates, Judge. (1) It was the duty of the court upon the general request for finding of facts to state its finding upon all the substantive facts in issue. And a general finding that plaintiff was entitled to recover is not enough when objected to at the time by defendants. This action of court was error. Hospital Ass’n v. Williams, 19 Mo. 1. c. 612; Nichols v. Garter, 49 Mo. App. 401; Sutter v; Streit, 21 Mo. 15Y; Allison v. Darton, 24 Mo. 343; Clark v. Railroad, 36 Mo. 1. c. 215; Seward v. Rheiner, 2 Han. App. 95. (2) The special requests…

1Opinion of the CourtSmith, P. J.

Action, assumpsit. It is alleged in *550substance in the plaintiff’s petition that the defendants were appointed by plaintiff as its agent, to solicit insurance, issue policies and collect the premiums thereon and that for their services as such agents they were to receive as compensation fifteen per cent on the amount of the premiums on the policies so issued by them; that in the months of March and April, 1898, defendants, in their capacity as agents, obtained insurance for plaintiff and issued policies, the premiums on which amounted to $1,332.52; that deducting fifteen per cent commissions,…

2Cases cited7 opinions

  1. Garth v. CaldwellSupreme Court of Missouri · 1880
  2. Cochran v. ThomasSupreme Court of Missouri · 1895
  3. Kostuba v. MillerSupreme Court of Missouri · 1897
  4. Donaldson v. County of ButlerSupreme Court of Missouri · 1889
  5. Nichols v. CarterMissouri Court of Appeals · 1892

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

3Cited by6 opinions

  1. Downey v. HumphreysCalifornia Court of Appeal · 1951
  2. Clay v. Independence Mutual Insurance CompanySupreme Court of Missouri · 1962
  3. Currell v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1902
  4. Mossberger v. MossbergerMissouri Court of Appeals · 1919
  5. Currell v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1902

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API