Kiddoo Bros. v. Ames & Robins
Missouri Court of Appeals
Appeal from the Newton County Circuit Court. — Hon. J. C. Lamson, Judge. A power of attorney authorizing one to collect money on a fire insurance policy, and with it to pay a certain debt, is not such an assignment of the policy as to prevent the money due thereon and still in the company’s hands, from being secured by garnishment sued out by another creditor of the assured.
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Appeal from the Newton County Circuit Court. — Hon. J. C. Lamson, Judge. A power of attorney authorizing one to collect money on a fire insurance policy, and with it to pay a certain debt, is not such an assignment of the policy as to prevent the money due thereon and still in the company’s hands, from being secured by garnishment sued out by another creditor of the assured. Greenwood v. Boyd & Baxter Furniture Factory (13 S. E. Rep. 128), 86 Q-a. 582; Turk v. Cook, 63 Gra. 681. The alleged assignment was unliquidated — no fixed amount, nor time, nor mode of payment. The alleged assignment in…
1Opinion of the CourtBond, J.
Ames & Robins were engaged in the grocery and restaurant business at Neosho, Missouri, carrying a policy of insurance issued by the Aetna Insurance Company, a foreign corporation, on their wares, for $300. While so insured the property was totally destroyed by fire on January 21, 1896. On February 11, 1896, the assured gave a written direction to P. R. Smith, agent of the company to pay O. P. Dalton $200 out of the draft, which the assured expected to receive through him for the amount, upon proof for their loss, on account of the fire, and for that purpose they authorized an agent to sign…
2Cases cited5 opinions
- Burnett v. CrandallSupreme Court of Missouri · 1876
- Dickinson v. CoatesSupreme Court of Missouri · 1883
- Beardslee v. MorgnerSupreme Court of Missouri · 1880
- Dowell v. Vandalia Banking Ass'nMissouri Court of Appeals · 1895
- Missouri Pacific Railway Co. v. A. M. Wright & Co.Missouri Court of Appeals · 1889
3Cited by2 opinions
- Rogers v. Penobscot Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Davis v. ClaxtonMontana Supreme Court · 1928