Coleman v. American Fire Insurance
Missouri Court of Appeals
Appeal from the Lawrence Circuit Court. — Hon. Jno. C. Lamson, Judge. The .court committed error in dismissing this action, and in overruling plaintiff’s motion to set aside such judgment. Respondent was not legally summoned as garnishee in Jones against Mining Company.
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Appeal from the Lawrence Circuit Court. — Hon. Jno. C. Lamson, Judge. The .court committed error in dismissing this action, and in overruling plaintiff’s motion to set aside such judgment. Respondent was not legally summoned as garnishee in Jones against Mining Company. Respondent is a foreign corporation, and service must be had in manner pointed out by Revised Statutes 1889, section 5912. “Such company must file with the superintendent of insurance authority to receive service of process, and service as aforesaid, of process issued by any such court, upon the superintendent, shall be valid…
1Opinion of the CourtBland, P. J.
statement. — This suit is upon a policy of insurance against loss by fire, issued by The American Pire Insurance Company, insuring the plant of the Little Rustler Mining Company against loss by fire. The mining plant was the property of plaintiff. At the date he took out the policy of insurance he had encumbered it by a chattel mortgage to defendants Hall and Hill to secure a note of $3,000, made by plaintiff to Hall and Hill, and the policy of insurance was made payable on its face to Hall and Hill, in the event of loss, as their interest might appear. On the thirtieth day of March, 1895,…
2Cases cited6 opinions
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Norvell v. PorterSupreme Court of Missouri · 1876
- McCord & Nave Mercantile Co. v. BettlesMissouri Court of Appeals · 1894
- Thrasher v. Greene CountySupreme Court of Missouri · 1891
- Cravens v. JamesonSupreme Court of Missouri · 1875
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