Shaw v. Ætna Insurance
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The plaintiffs’ assignors having failed to insure the property in the name and for the benefit of plaintiffs, as ordered by plaintiffs, became liable to them for the full value of the ice lost. (Sto. Agency, §§ 110, 111; 2 Pars.
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Appeal from St. Louis Circuit Court. The plaintiffs’ assignors having failed to insure the property in the name and for the benefit of plaintiffs, as ordered by plaintiffs, became liable to them for the full value of the ice lost. (Sto. Agency, §§ 110, 111; 2 Pars. Marine Ins. 424-30, ch. 8 ; Ele v. French, 11 N. H. 356 ; Sanches et al. v. Davenport et al., 6 Mass. 258.) From the time plaintiffs’ assignors were ordered by plaintiffs to insure the property they had a pecuniary interest in its preservation, by reason of their liability to plaintiffs in the event of a loss and their failure to…
1Opinion of the CourtAdams, Judge
This was an action on a policy of insurance issued by defendant'. The plaintiffs filed a second amended petition, to which the defendant demurred; the demurrer was sustained and judgment given thereon against the plaintiffs, from which they appealed to the general term, where the judgment of the special term was affirmed, and the plaintiffs have appealed to this court.
The petition substantially sets forth that the plaintiffs being the owners of five barges of ice, on the upper Mississippi river, consigned the same to Scherholtz & Klinesmitli, of the city of St. Louis, to 'be sold by them on…
2Cases cited2 opinions
- Herkimer v. . RiceNew York Court of Appeals · 1863
- Oliver v. GreeneMassachusetts Supreme Judicial Court · 1807
3Cited by4 opinions
- Fuller v. Phœnix Ins.Supreme Court of Iowa · 1883
- Mount Leonard Milling Co. v. Liverpool & London & Globe InsuranceMissouri Court of Appeals · 1887
- Agricultural Insurance v. ClanceyAppellate Court of Illinois · 1881
- Zimmerman v. Farmers' InsuranceSupreme Court of Iowa · 1888