American Insurance v. Smith
Supreme Court of Missouri
Appeal from Gasconade Circuit Court. — Hon. A. J. Seay, J udge. The burden of proof whether or not plaintiff had a right and the authority to transact business in this State rested upon the defendant. Hamtramck v. Bank, 2 Mo. 169 ; Starr v. Peck, 1 Hill 270; Howard v. Boorman, 17 Wis. 459; Mut. Ben. Ins.
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Appeal from Gasconade Circuit Court. — Hon. A. J. Seay, J udge. The burden of proof whether or not plaintiff had a right and the authority to transact business in this State rested upon the defendant. Hamtramck v. Bank, 2 Mo. 169 ; Starr v. Peck, 1 Hill 270; Howard v. Boorman, 17 Wis. 459; Mut. Ben. Ins. Co. v. Davis, 12 N. Y. 569. In an action by a foreign insurance company, non-compliance with statutes giving such company authority to transact business will not be presumed, but must be set up in defense. May on Ins., § 587. The act of the defendant in executing and delivering the note in…
1Opinion of the CourtHough, J.
This was a suit on the following promissory note: $12. For value received, in policy No. 221,534, dated the 12th day of August, 1875, issued by the American Insurance Company of Chicago, Illinois, I promise to pay said company the sum of three dollars and — cents, on the 1st day of September, 1876, and three dollars and —• cents on the 1st day of September, 1877, and three dollars and — cents on the 1st day of September, 1878, and three dollars and — cents on the 1st day of September, 1879, without interest.
Thomas J. Smith.
The defendant was a citizen of Gasconade county, Missouri, and the…
2Cases cited1 opinion
- McCutcheon v. RiversSupreme Court of Missouri · 1878
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