State Ex Rel. State, Missouri Department of Agriculture v. McHenry

BLACKMAR, Judge.

This case presents important questions of sovereign immunity and official immunity in claims based on the Grain Dealer’s Law (Ch. 276, RSMo) and the Missouri Grain Warehouse Law (Ch. 411, RSMo).1

IGF Insurance Company is organized under the laws of Iowa. It executed a warehouseman’s bond (§ 411.275) on August 1, 1979 and a Grain Dealer’s bond (§ 276.426) on April 3, 1981 to secure the operations of Ira Paul Smith and Irene Smith, d/b/a Westboro Elevator, Westboro, Missouri.

IGF on October 18, 1982 filed suit in three counts in the Circuit Court of Cole County, Missouri, naming…