Daggs v. Orient Insurance
Supreme Court of Missouri
Appeal from Scotland Circuit Court. — Hon. Ben. E. Turner, Judge. (1) The defendant corporation is a person. People v. Budd, 117 111. 1; Bail-way Co. v. Beckwith, 129 U. S. 26; Bank v. Billings, 4 Peter, 514; Northwestern F. Co. v. Toxvn, 3 Biss. 480; Cooley, Const. Lim. [6 Ed.], 484; Leep v. Bailxvay Co., 58 Ark. 407; Bailway Tax Cases, 13 Fed.
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Appeal from Scotland Circuit Court. — Hon. Ben. E. Turner, Judge. (1) The defendant corporation is a person. People v. Budd, 117 111. 1; Bail-way Co. v. Beckwith, 129 U. S. 26; Bank v. Billings, 4 Peter, 514; Northwestern F. Co. v. Toxvn, 3 Biss. 480; Cooley, Const. Lim. [6 Ed.], 484; Leep v. Bailxvay Co., 58 Ark. 407; Bailway Tax Cases, 13 Fed. Rep. 722; Santa Clara Ho. v. Bailroad, 118 U. S. 394. (2) The statute violates the most fundamental principle of insurance, which principle is that the contract of insurance is one purely of indemnity; and enacts in its place a wager policy, which…
1Opinion of the CourtGIantt, J.
Action upon a fire insurance policy issued upon a barn belonging to respondent in Scotland county, Missouri, on the third day of June, 1893, for $800,'by a corporation organized in Connecticut.
The policy contained a clause limiting the company’s liability “in case of loss to the actual cash value of the property at the time of the loss,” and this stipulation was pleaded together with an averment that at the time said property was insured said barn did not exceed $100 in value. No fraud was charged, or any subsequent depreciation in the property prior to the fire.
It is apparent from the…
2Cases cited25 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- St. Clair v. CoxSupreme Court of the United States · 1882
- The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
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3Cited by44 opinions
- DeWitt v. American Family Mutual Insurance Co.Supreme Court of Missouri · 1984
- New York Life Insurance v. CravensSupreme Court of the United States · 1900
- State v. Standard Oil Co. of LouisianaSupreme Court of Louisiana · 1937
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
- Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
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