German American Insurance v. Divilbiss
Missouri Court of Appeals
Appeal from the Clinton Circuit Court. — Hon. W. S. Herndon, Judge. (1) The premium was an entirety and the policy was an entirety, running for five years from August 2, 1890, to August 2, 1895. The policy was in force and- . plaintiff washable thereon until default of the defendant. Such being the case, upon the doctrine of the authorities hereafter cited, when the insurance terminates by the default of the assured, there can be no apportionment of the premium. Ins.
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Appeal from the Clinton Circuit Court. — Hon. W. S. Herndon, Judge. (1) The premium was an entirety and the policy was an entirety, running for five years from August 2, 1890, to August 2, 1895. The policy was in force and- . plaintiff washable thereon until default of the defendant. Such being the case, upon the doctrine of the authorities hereafter cited, when the insurance terminates by the default of the assured, there can be no apportionment of the premium. Ins. Co. v. Henley, 60 Ind. 515; Ins. Co.v. Charles, 62 Ind. 210; Ins. Co. v. Elliott, 62 Ind. 211; Cauffieldv. Ins. Go., 47 Mich.…
1Opinion of the CourtSmith, P. J.
This is a suit on a promissory note, dated August 1, 1890, for $202.50, payable one year after date. It is recited in said note that it was given in payment of premium on policy number 858,813, in the*plaintiff company. It was further recited therein that if not paid at maturity, said policy shall cease and determine and be null and void, and so remain until the same shall be fully paid and received by plaintiff, as provided in the said policy.
The policy referred to in the note recites that in consideration of said note the plaintiff insures the defendant against loss by fire, etc., for a…
2Cases cited4 opinions
- Hoyt v. City of East SaginawMichigan Supreme Court · 1869
- American Insurance v. HenleyIndiana Supreme Court · 1878
- Robinson v. Insurance Co.Supreme Court of Arkansas · 1888
- American Ins. v. CharlesIndiana Supreme Court · 1878
3Cited by3 opinions
- Malone v. State Life InsuranceMissouri Court of Appeals · 1919
- Duncan v. United Mutual Fire InsuranceTexas Supreme Court · 1923
- Guest v. Farmers Mutual Fire InsuranceMissouri Court of Appeals · 1931