McCutcheon v. Rivers
Supreme Court of Missouri
Appeal from, Jasper Common Pleas Court. — The case was tried before G. W. Crow, Esq., sitting as Temporary Judge. On the 13th day of October, 1874, defendant, as local agent in Jasper county, Missouri, of the National Insurance Company, of Philadelphia, Pennsylvania, issued to the plaintiffs a policy of insurance • in-that company, for which they paid him a premium of $37.50. Defendant immediately sent the money to the company in the regular course of business.
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Appeal from, Jasper Common Pleas Court. — The case was tried before G. W. Crow, Esq., sitting as Temporary Judge. On the 13th day of October, 1874, defendant, as local agent in Jasper county, Missouri, of the National Insurance Company, of Philadelphia, Pennsylvania, issued to the plaintiffs a policy of insurance • in-that company, for which they paid him a premium of $37.50. Defendant immediately sent the money to the company in the regular course of business. On the 11th of the preceding September the superintendent of the insurance department of Missouri had issued a circular purporting to…
1Opinion of the CourtNapton, J.
This suit was brought to recover back $37.50 paid Rivers as agent of an insurance company in Philadelphia, about ten days after the superintendent, in St. Louis, had revoked the license of the company to do *124business in this State. The publication of the fact of revocation is required to be for four weeks. The agent in Jasper county, the defendant, did not see it, and therefore took the premium. The majority of this court are of opinion that the plaintiff is entitled to recover, that the revocation of the license is the material fact, that the four-weeks publication is intended to distribute…
2Cited by4 opinions
- Latham Mercantile & Commercial Co. v. HarrodSupreme Court of Kansas · 1905
- American Insurance v. SmithSupreme Court of Missouri · 1881
- Hartman v. HollowellSupreme Court of Iowa · 1905
- Jones v. HornMissouri Court of Appeals · 1904