Swing v. Karges Furniture Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Warwick Hough, Judge. (1) In an action brought by a trustee for creditors of an insolvent mutual insurance company, against its policy holders, for an assessment, the foundation of the action is the statutory obligation resting on each policy holder to pay his just per cent of its debts incurred while he was insured in it, as defined by the assessment decree.
Read the full summary
Appeal from St. Louis City Circuit Court. — Eon. Warwick Hough, Judge. (1) In an action brought by a trustee for creditors of an insolvent mutual insurance company, against its policy holders, for an assessment, the foundation of the action is the statutory obligation resting on each policy holder to pay his just per cent of its debts incurred while he was insured in it, as defined by the assessment decree. This statutory obligation is independent of any expressed promise, made in writing or otherwise; consequently, plaintiff in such action does not have to allege affirmatively any agreement,…
1Opinion of the CourtGoode, J.
(after stating the facts). — Counsel for defendant insist that the lower court’s ruling on the demurrer was right for two reasons: first, the petition contains no allegation to show the insurance company had, either in its by-laws or in the policies issued to defendant, fixed a uniform rule to control the liability of members holding policies to contribute to the payment of losses and expenses, as required by sections 3634 and 3650 of the statutes of Ohio; second, the petition does not show defendant assumed in writing, any contingent liability for the losses of the company as provided by…
2Cases cited23 opinions
- Scovill v. ThayerSupreme Court of the United States · 1882
- Hawkins v. GlennSupreme Court of the United States · 1889
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Glenn v. LiggettSupreme Court of the United States · 1890
- Howarth v. . AngleNew York Court of Appeals · 1900
18 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mitchell v. Pacific Greyhound Lines, Inc.California Court of Appeal · 1939
- Miller v. ConnorMissouri Court of Appeals · 1913
- McCall v. BowenNebraska Supreme Court · 1912
- McClain ex rel. Rutledge v. JamesMissouri Court of Appeals · 2014
- Guilbert v. KessingerMissouri Court of Appeals · 1913
4 more not listed; retrieve them via the Exa API.