McCartney v. State Insurance
Missouri Court of Appeals
Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge.. Statement: of the case by the court. This is an action on a policy of insurance and the question on the trial below was whether or not the policy had been cancelled before the loss occurred. The circuit court instructed the jury that there was no evidence tending to show a cancellation and the propriety of this action is the matter now here for review.
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Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge.. Statement: of the case by the court. This is an action on a policy of insurance and the question on the trial below was whether or not the policy had been cancelled before the loss occurred. The circuit court instructed the jury that there was no evidence tending to show a cancellation and the propriety of this action is the matter now here for review. The evidence tended to establish the following state of facts. On the eleventh day of February, 1884, the plaintiff McCartney borrowed two hundred and fifty dollars from Mrs.…
1Opinion of the CourtGill, J.
The determination of the controversy turns upon the extent of the powers of B. P. Wooldridge, as agent for the plaintiff McCartney, for if Wooldridge had the authority, as the agent of McCartney, to surrender and cancel the insurance policy, there is no question but that he did all that was required to effect such cancellation. The company requested a surrender and cancellation, the policy was marked cancelled and sent in to the company’s home office, and the company returned to Wooldridge the unearned premium. All this was done, too, more than a month before the loss occurred. We think, to…
2Cases cited3 opinions
- Hartford Fire Insurance v. ReynoldsMichigan Supreme Court · 1877
- Standard Oil Co. v. . Triumph Insurance Co.New York Court of Appeals · 1876
- Rothschild v. American Central InsuranceSupreme Court of Missouri · 1881
3Cited by3 opinions
- Pringle v. Aetna Life InsuranceMissouri Court of Appeals · 1907
- F. Gardner & Son v. Standard InsuranceMissouri Court of Appeals · 1894
- McCartney v. State InsuranceMissouri Court of Appeals · 1891