Home Insurance v. Hamilton
Missouri Court of Appeals
Appeal from Chariton Circuit Court. — Hon. John P. (1) The term “usual short rate” in the policy means a “customary short rate.” And that this custom must he so well known by the. insurer as well as the insuring public, in the community where the insurance was written, that the parties to the contract will be presumed to have contracted with reference to it. 29 Am. and Eng.
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Appeal from Chariton Circuit Court. — Hon. John P. (1) The term “usual short rate” in the policy means a “customary short rate.” And that this custom must he so well known by the. insurer as well as the insuring public, in the community where the insurance was written, that the parties to the contract will be presumed to have contracted with reference to it. 29 Am. and Eng. Ency. of Law, 371, 372, 388-390; S. W., etc., Co. v. Stanard, 44 Mo. 71; 7 Ency. of Ev., p. 513. (2). The burden of showing the existence and provisions of this short rate was upon the plaintiff and having failed in this…
1Opinion of the CourtEllison, J.
Plaintiff instituted this action on a promissory note, before a. justice of the peace. On appeal to the circuit court it obtained judgment on a trial before the court without a jury.
The note was given for the sum of seventy-six dollars, payable in installments, and reads as follows:
“$76.00. June 27, 1907.
“For value received in policy No. F. I. 216094, B. 184495, dated the-day of-, 190 — , issued by The Home Insurance Company, New York, I promise to pay to said Company, or order (by mail, if requested), at the office of its Western Farm Department, in Chicago, Illinois, seventy-six dollars in…
2Cases cited7 opinions
- White v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1876
- Van Valkenburgh v. . Lenox Fire Ins. Co.New York Court of Appeals · 1873
- Home Insurance v. CurtisMichigan Supreme Court · 1875
- Hollingsworth & Moraque v. Germania, Niagara, Hanover & Republic Fire Insurance CompaniesSupreme Court of Georgia · 1872
- Chrisman & Sawyer Banking Co. v. Hartford Fire InsuranceMissouri Court of Appeals · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hawkinson v. JohnstonCourt of Appeals for the Eighth Circuit · 1941
- Malone v. State Life InsuranceMissouri Court of Appeals · 1919
- Leon v. Barnsdall Zinc Co.Supreme Court of Missouri · 1925
- State v. Nationwide Life Insurance Co.Missouri Court of Appeals · 2011
- Dyche v. BostianMissouri Court of Appeals · 1950
7 more not listed; retrieve them via the Exa API.