Huggins Cracker & Candy Co. v. People's Insurance
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) “ The ratification must be entire or not at all. The principal is not permitted to ratify in part.”Menkins v. Watson, 27 Mo. 168 ; Express Co. n. Palmer, 48 G-a. 85; Cochran v. Chitwood, 59 111. 53; Meacham on Agency, secs. 174,179, and authorities cited; Widner v. Lane, 14 Mich. 124; Krider v. College, 31 Iowa, 547 ; Billings v. Morrow, 7 Cal. 171; Coleman n.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) “ The ratification must be entire or not at all. The principal is not permitted to ratify in part.”Menkins v. Watson, 27 Mo. 168 ; Express Co. n. Palmer, 48 G-a. 85; Cochran v. Chitwood, 59 111. 53; Meacham on Agency, secs. 174,179, and authorities cited; Widner v. Lane, 14 Mich. 124; Krider v. College, 31 Iowa, 547 ; Billings v. Morrow, 7 Cal. 171; Coleman n. Stark, 1 Oregon, 115; Loan & Trust Co. v. Walworth, 1 N. Y. (Comst.) 433; Bremer v. Sparrow, 7 B & C. 310 ; Pullman r>. Stearns, 30 Yt 443 ; Ransom n. Wet-more, 39…
1Opinion of the Court
Smith, P. J. —
This suit was brought by the plaintiff against the defendant, an insurance company, to recover an amount of nine hundred and seventy-five dollars on its policy of date of November 1, 1887, covering the period of one year, on account of loss by fire consuming the stock in trade of plaintiff on the night of November 4, 1887. Said policy covers the stock destroyed. The only defense made by the answer of defendant is, that S. S. McGibbons was the agent of the Kenton Insurance Company, and, as such, issued on the twenty-sixth of October, 1887, its policy in favor *536of plaintiff for one…
2Cases cited20 opinions
- Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
- Commercial Fire Ins. v. AllenSupreme Court of Alabama · 1886
- Atlee v. FinkSupreme Court of Missouri · 1881
- Gallatian v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1826
- Keim v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1867
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3Cited by15 opinions
- Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1928
- Phœnix Insurance v. StateSupreme Court of Arkansas · 1905
- Warren v. Franklin Fire InsuranceSupreme Court of Iowa · 1913
- Pringle v. Aetna Life InsuranceMissouri Court of Appeals · 1907
- Hollywood Lumber & Coal Co. v. Dubuque Fire & Marine Ins.West Virginia Supreme Court · 1917
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