Breckinridge v. American Central Insurance
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The assignment of the policy was improperly .admitted in evidence. There was no proof of the authenticity of the signatures of the agents purporting to have consented to the assignment, and no proof that they had any authority to consent for the company to -the assignment, or that the company ever consented -thereto.
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Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The assignment of the policy was improperly .admitted in evidence. There was no proof of the authenticity of the signatures of the agents purporting to have consented to the assignment, and no proof that they had any authority to consent for the company to -the assignment, or that the company ever consented -thereto. It devolved on the plaintiff to prove by competent testimony, that Lord, and Howell were the “ regular agents” of the defendant. Eranltlin v. Ins. Co., .52 Mo. 465. (2) The deed to plaintiff was improperly -admitted…
1Opinion of the CourtSherwood, J.
The plaintiff sues on a policy of insurance, number 2,081, issued by the defendant company, assigned to him by one A. P. McMillan, to whom the policy was issued on property described therein as 11 on his two-story shingle roof frame building, occupied by tenant as a dwelling situated on the east side of Elm ■street, Jefferson City, Cole county, Mo., reference had to application and survey number 2,081, on file, which is his warranty, anda part hereof.” The application for insurance thus referred to in the policy, and made a part thereof, states that the lot was “ known as the lot conveyed by…
2Cases cited16 opinions
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
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3Cited by38 opinions
- Continental Insurance v. PearceSupreme Court of Kansas · 1888
- State Ex Rel. Place v. BlandSupreme Court of Missouri · 1944
- Lipscomb v. TalbottSupreme Court of Missouri · 1912
- Bristol Telephone Co. v. WeaverTennessee Supreme Court · 1921
- Parsons v. Knoxville Fire InsuranceSupreme Court of Missouri · 1896
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