Zallee v. Laclede Mutual Fire & Marine Insurance
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The agreement to submit the matters in dispute is a submission within the statute; and, as it was not shown that the arbitrators took the oath prescribed in the statute, their award is invalid. (Toler v. Hayden, 18 Mo. 399 ; Eassett v. Eassett, 41 Mo. 516 ; Walt v. Iiuse, etc., 38 Mo. 210.) n. The provisions of the charter of the company, the policy sued on, and conditions annexed, do not change the question.
Read the full summary
Appeal from St. Louis Circuit Court. I. The agreement to submit the matters in dispute is a submission within the statute; and, as it was not shown that the arbitrators took the oath prescribed in the statute, their award is invalid. (Toler v. Hayden, 18 Mo. 399 ; Eassett v. Eassett, 41 Mo. 516 ; Walt v. Iiuse, etc., 38 Mo. 210.) n. The provisions of the charter of the company, the policy sued on, and conditions annexed, do not change the question. It is still an agreement to submit the matter in dispute to arbitration.
1Opinion of the CourtCurrier, Judge
This is a suit on an insurance policy. The insured goods, or a portion of them, having been damaged by fire, the parties, in pursuance of the provisions of the policy, agreed in writing upon a board of appraisers to examine the injured goods and estimate and determine the amount of the plaintiff’s loss thereon. The persons agreed on made the required examination, and assessed *532the plaintiff’s damage at $302.44. The appraisers were not sworn. The result proved, unsatisfactory to the plaintiff, and he now treats the appraisal as void, and seeks to recover damages independently of it. The…
2Cases cited2 opinions
- Curry v. LackeySupreme Court of Missouri · 1865
- Garred v. Macey & DoniphanSupreme Court of Missouri · 1846
3Cited by13 opinions
- Hanover Fire Insurance v. B. C. Lewis & SonsSupreme Court of Florida · 1891
- Young v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
- Hawkinson Tread Tire Service Co. v. Indiana Lumbermens Mutual InsuranceSupreme Court of Missouri · 1951
- Security Printing Co. v. Connecticut Fire InsuranceMissouri Court of Appeals · 1922
- Dworkin v. Caledonian InsuranceSupreme Court of Missouri · 1920
8 more not listed; retrieve them via the Exa API.