Edwards v. Home Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». D. B. Fisher, Judge. (1) Notice of cancellation to agents or brokers of the insured, such as the evidence shows Roeslein & Robyn to have been in this case, is sufficient notice. 16 Am. and Eng. Ency. Law (2 Ed.), p. 974; Standard Oil Co. v. Ins.
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Appeal from St. Louis City Circuit Court. — Ho». D. B. Fisher, Judge. (1) Notice of cancellation to agents or brokers of the insured, such as the evidence shows Roeslein & Robyn to have been in this case, is sufficient notice. 16 Am. and Eng. Ency. Law (2 Ed.), p. 974; Standard Oil Co. v. Ins. Co., 64 N. Y. 85. (2) The hank therefore was the real beneficiary in the deed of trust and mortgage and the surrender by it of the policies under the circumstances was sufficient to constitute a cancellation thereof. Fire Ins. Co. y. Reynolds, 36 Mich. 502; Ins. Co. v. Wright, 55 Fed. 455, reversing 53…
1Opinion of the CourtGoode, J.
Albert N. Edwards, the respondent, is the trustee in a deed of trust executed by the American Base Ball and Athletic Exhibition Company, November 16, 1900, on the buildings and improvements of said company situated in the National League Base Ball Park in the city of St. Louis, Missouri, and as trustee he instituted this action to recover the proceeds of a policy of insurance issued by the Home Insurance Company on said property, which- was destroyed by fire May 4, 1901, while the policy was in force, unless it had been cancelled as the appellant says it had.
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2Cases cited18 opinions
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- Hermann v. Niagara Fire InsururanceNew York Court of Appeals · 1885
- Butler v. MaplesSupreme Court of the United States · 1870
- Dibble v. Northern Assurance Co.Michigan Supreme Court · 1888
- Hartford Fire Insurance v. ReynoldsMichigan Supreme Court · 1877
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Schimmel Fur Co. v. American Indemnity Co.Supreme Court of Missouri · 1969
- Booker-Jones Oil Co. v. National Refining Co.Court of Appeals of Texas · 1910
- Farrar v. MayabbMissouri Court of Appeals · 1959
- Hesselberg v. Aetna Life Ins. Co.Court of Appeals for the Eighth Circuit · 1935
- Smith v. American Automobile InsuranceMissouri Court of Appeals · 1915
12 more not listed; retrieve them via the Exa API.