Hamilton v. Home Insurance
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The several instructions given for plaintiff were properly given. The first instruction was to the effect that if the jury found, from the evidence, certain facts existed, they constituted Miller agent of the Home Insurance Company (defendant), (a) The question whether certain facts would constitute one an agent is a question of law and was rightly controlled by the court.
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Appeal from St. Louis Court of Appeals. (1) The several instructions given for plaintiff were properly given. The first instruction was to the effect that if the jury found, from the evidence, certain facts existed, they constituted Miller agent of the Home Insurance Company (defendant), (a) The question whether certain facts would constitute one an agent is a question of law and was rightly controlled by the court. Thompson Charging the Jury, sec. 10; Tyson v. Rickard, 3 Harr. & J. 109-116; Davis v. Harris, 7 Harr. & J. 36 ; Clark's Adm'r v. Marriott, 9 Gill, 331-334. ■ (5) The facts, if…
1Opinion of the CourtSheewood, J.
Action on a policy of insurance issued by the defendant company to the plaintiffs for the sum of twenty-five hundred dollars, on a stock of goods, in Deadwood, D. T. The policy took effect from the sixth of July, 1880. The petition avers that the defendant is an insurance company and corporation acting under and by virtue of the laws of the state of Ohio, having a general agent in the state of Missouri, resident at St. Louis, then declares on the policy ; alleges a loss by fire on the eighteenth of January, 1881, proofs of loss furnished, February 23 next thereafter, and prays damages, etc.
The…
2Cases cited5 opinions
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
- Breckinridge v. American Central InsuranceSupreme Court of Missouri · 1885
- Pelkington v. National InsuranceSupreme Court of Missouri · 1874
- Davis v. DavisCourt of Appeals of Maryland · 1826
3Cited by27 opinions
- German American Insurance v. HymanSupreme Court of Colorado · 1908
- Parsons v. Knoxville Fire InsuranceSupreme Court of Missouri · 1896
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Anthony v. German American InsuranceMissouri Court of Appeals · 1892
- Barnard v. National Fire InsuranceMissouri Court of Appeals · 1889
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