McCoy v. Connecticut Fire Insurance
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. Eliott M. Hughes, ' Judge. (1) The plaintiff’s petition sets out a good cause of action for equitable relief. The plaintiff as a creditor of the St. Joseph Town Mutual Fire Insurance Company (an insolvent corporation), whose debt has been duly allowed, has the standing of a judgment creditor whose debt could not be collected by ordinary process of law.
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Appeal from Lincoln Circuit Court. — Hon. Eliott M. Hughes, ' Judge. (1) The plaintiff’s petition sets out a good cause of action for equitable relief. The plaintiff as a creditor of the St. Joseph Town Mutual Fire Insurance Company (an insolvent corporation), whose debt has been duly allowed, has the standing of a judgment creditor whose debt could not be collected by ordinary process of law. Humphreys v. Milling Co., 98 Mo. 542; Lyon v. Murry, 95 Mo. 23; Merry v. Eremon, 44 Mo. 518. (2) Statutes in derogation of common law rights are construed so as to give them no greater extent than is…
1Opinion of the CourtGoode, J.
The appeal was taken from final judgment on demurrer. The petition on which the plaintiff elected to stand is in the nature of a creditor’s bill. It states the corporate character of the defendant and of the St. Joseph Town Mutual Eire Insurance Company, the former having been organized under the laws of Connecticut and the latter of Missouri; that plaintiff became a policy-holder in the St. Joseph Town Mutual Eire Insurance Company on the twenty-fifth day of April, 1896, and said company, in consideration-of a cash payment and a note executed and delivered to it, issued to him a contract or…
2Cases cited7 opinions
- Reyburn v. MitchellSupreme Court of Missouri · 1891
- Crim v. WalkerSupreme Court of Missouri · 1883
- Clark v. First National BankMissouri Court of Appeals · 1894
- Atlas National Bank v. John Moran Packing Co.Supreme Court of Missouri · 1897
- Relfe v. Commercial InsuranceMissouri Court of Appeals · 1878
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3Cited by1 opinion
- Beale v. Connecticut Fire Ins.Court of Appeals for the Eighth Circuit · 1903