Legal Opinion

Washington Mutual Fire Insurance v. St. Mary's Seminary

Supreme Court of Missouri

Decided March 15, 1873PublishedCited by 19 opinions

Appealfrom St. Louis Oirouit Oourt. I. The court erred in admitting the note in evidence. (Wood vs. Goodridge, 6 Cash., 122; Smith vs. Alexander, 31 Mo., 194; Musser vs. Johnson, 42 Mo., 78; McClellan vs. Reynolds, 49 Mo., 314; 1 Pars. Notes & Pills, 92-93, and notes g and h ; Moss vs. Livingston, 4 Corns., 208 ; Taber vs. Cannon,. 8 Met., 456; Tucker Man.

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Appealfrom St. Louis Oirouit Oourt. I. The court erred in admitting the note in evidence. (Wood vs. Goodridge, 6 Cash., 122; Smith vs. Alexander, 31 Mo., 194; Musser vs. Johnson, 42 Mo., 78; McClellan vs. Reynolds, 49 Mo., 314; 1 Pars. Notes & Pills, 92-93, and notes g and h ; Moss vs. Livingston, 4 Corns., 208 ; Taber vs. Cannon,. 8 Met., 456; Tucker Man. Co. vs. Fairbanks, 98 Mass., 101; Arnold vs. Sprague, 34 Yt., 402; Titus vs. Kyle, 10 Ohio St., 444; Harkins vs. Edwards, 1 Clarke, (Iowa) 426; Parker vs. Mech. Ins. Co., 3 Wend., 94; Pentz vs. Stanton, 10 Wend., 271; Pumpelly vs. Phelps,…

1Opinion of the CourtSherwood, Judge

Action in the St. Louis Circuit Court by the Washington Fire Insurance Company to recover from St. Mary’s Seminary a certain sum for assessments made by tlio former on a premium or deposit note, which the defendant was in the petition charged with having- executed. The answer was a general, as well as a very lengthy and specific, denial of each and every allegation which the petition contained. It denied ever having made any application to plaintiff for insurance; denied that any application of defendant to plaintiff for insurance was signed by Daniel McCarthy, President of defendant, per…

2Cases cited5 opinions

  1. Musser v. JohnsonSupreme Court of Missouri · 1867
  2. Smith v. AlexanderSupreme Court of Missouri · 1860
  3. Western Bank of Missouri v. GilstrapSupreme Court of Missouri · 1870
  4. Shuetze v. BaileySupreme Court of Missouri · 1867
  5. Union Manufacturing, Co. v. PitkinSupreme Court of Connecticut · 1841

3Cited by19 opinions

  1. Sparks v. Dispatch Transfer Co.Supreme Court of Missouri · 1891
  2. First National Bank v. FrickeSupreme Court of Missouri · 1881
  3. Noell v. GainesSupreme Court of Missouri · 1878
  4. Edwards v. ThomasSupreme Court of Missouri · 1877
  5. Myers v. ChesleyMissouri Court of Appeals · 1915

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