Paddock-Hawley Iron Co. v. Providence-Washington Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son. O’Neill Ryan, Judge. (1) The court erred in giving plaintiff’s instruction 7, because: (a) Said instruction required only that the barge be in a seaworthy condition “upon the date of leaving the port at St. Louis” (March 14, 1903), whereas, it was intended, under the policy, that the risk •should begin at noon, March 13, 1903; and it is fundamental that even in the absence of an express stipulation in the policy requiring it,…
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Appeal from St. Louis City Circuit Court. — Son. O’Neill Ryan, Judge. (1) The court erred in giving plaintiff’s instruction 7, because: (a) Said instruction required only that the barge be in a seaworthy condition “upon the date of leaving the port at St. Louis” (March 14, 1903), whereas, it was intended, under the policy, that the risk •should begin at noon, March 13, 1903; and it is fundamental that even in the absence of an express stipulation in the policy requiring it, the vessel insured must be in a seaworthy condition at the inception of the risk, and if it is not, the policy will not…
1Opinion of the Court
BLAND, P. J. —
After alleging that plaintiff and defendant are corporations, the petition avers, in substance : That on the thirteenth day of March, 1903, the defendant issued its policy of marine insurance, in which it insured in the amount of |2,200 plaintiff’s barge No. 20, from noon on the thirteenth day of March, 1903, to noon on the thirteenth day of March, 1904, “against un*89avoidable dangers of rivers, of fires and of jettisons.” The petition-further states that prior to the issuing of the policy the plaintiff informed defendant that it was considering the purchase of this barge, and…
2Cases cited7 opinions
- Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899
- The Northern BelleSupreme Court of the United States · 1870
- City of De Soto v. American Guaranty Fund Mutual Fire InsuranceMissouri Court of Appeals · 1903
- Union Trust Co. v. Provident Washington InsuranceMissouri Court of Appeals · 1899
- Snethen v. Memphis InsuranceSupreme Court of Louisiana · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Glens Falls Insurance v. LongSupreme Court of Virginia · 1953
- Massey Steamship Co. v. Importers & Exporters InsuranceSupreme Court of Minnesota · 1922
- Zillah Transportation Co. v. Aetna Insurance Co.Supreme Court of Minnesota · 1928
- Edwards v. Business Men's Acc. Assn. of Am.Missouri Court of Appeals · 1920
- Wilmering v. Lexington Insurance Co.Missouri Court of Appeals · 1984
2 more not listed; retrieve them via the Exa API.