Legal Opinion

Frankenthal v. Guardian Assurance Co.

Missouri Court of Appeals

Decided May 30, 1898PublishedCited by 4 opinions

Appeal from the Jasper Circuit Court. — Hon. J. D. Pebkins, Judge. (1) The appellants, holding this policy for the benefit of themselves and others, can maintain suit in their own name as trustees of an express trust without joining other beneficiaries. Kuhn v. Meyer, 35 Mo. App. 206; Stillwell v. Glascock, 47 Mo. App. 554; Cheltenham F. B. Co. v. Cook, 44 Mo. 30; Rogers v. Goswell, 51 Mo. 466; Dean v. -Chandler, 44 Mo.

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Appeal from the Jasper Circuit Court. — Hon. J. D. Pebkins, Judge. (1) The appellants, holding this policy for the benefit of themselves and others, can maintain suit in their own name as trustees of an express trust without joining other beneficiaries. Kuhn v. Meyer, 35 Mo. App. 206; Stillwell v. Glascock, 47 Mo. App. 554; Cheltenham F. B. Co. v. Cook, 44 Mo. 30; Rogers v. Goswell, 51 Mo. 466; Dean v. -Chandler, 44 Mo. App. 338; (2) Mr. Fricthle’s testimony that there was a verbal transfer of this policy to appellant was admissible. It does not tend to contradict the written transfer…

1Opinion of the CourtSmith, P. J.

This suit was brought by plaintiffs against defendant” on a fire insurance policy. It was alleged in the plaintiffs’ petition that said policy was issued to one Cohn, and that after the loss thereunder the said Cohn had assigned and transferred the same to the plaintiffs in trust for themselves and other creditors.

^assignment of conTtiuSfion!icy; attorney^ For the purpose of proving the assignment, the plaintiffs offered in evidence a certain written instrument executed by said Cohn which thorized them “to collect and receipt for any sum or sums that may be found due me under the following…

2Cases cited2 opinions

  1. Guinotte v. RidgeMissouri Court of Appeals · 1891
  2. State ex rel. Owen v. HollenbeckMissouri Court of Appeals · 1897

3Cited by4 opinions

  1. Kenefick & Hammond v. Norwich Union Fire InsuranceSupreme Court of Missouri · 1907
  2. Cady v. CoatesMissouri Court of Appeals · 1903
  3. Hayes v. BunchMissouri Court of Appeals · 1902
  4. Mitchell v. Wabash RailroadMissouri Court of Appeals · 1902

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