Legal Opinion

McAllister v. Pennsylvania Insurance Co. of Pittsburgh

Supreme Court of Missouri

Decided March 15, 1859PublishedCited by 16 opinions

Appeal from St. Louis Court of Common Pleas. Eoger C. McAllister, having recovered judgment against one Beasley, caused execution to issue thereon.

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Appeal from St. Louis Court of Common Pleas. Eoger C. McAllister, having recovered judgment against one Beasley, caused execution to issue thereon. The sheriff made the following return of this execution : “ I did, by order of the plaintiff Eoger C. McAllister, October 20, 1857, summon the Pennsylvania Insurance Company of Pittsburgh and the Commonwealth Insurance Company of Harrisburgh, Pennsylvania, and by delivering to George K. Budd, agent of each of said insurance companies, a written copy of the garnishment; further, by summoning said insurance companies to appear at the return term of…

1Opinion of the CourtNapton, Judge

These cases involve the same questions. The return of the sheriff to writs of executions against one Beasley stated that by order of the plaintiff in said executions he had summoned the two insurance companies named, by delivering to George K. Budd, their agent, a written copy of the garnishment, &c. The two companies denied their liability to answer such a process thus served and returned, and of this opinion was the court of common pleas and they were consequently discharged. The judgment of the court must have proceeded either on the ground that foreign insurance companies, under our laws,…

2Cited by16 opinions

  1. Mahany v. KephartWest Virginia Supreme Court · 1879
  2. Hannibal & St. Joseph Railroad v. CraneIllinois Supreme Court · 1882
  3. McNichol v. United States Mercantile Reporting AgencySupreme Court of Missouri · 1881
  4. Mooney v. Buford & George Manuf'g Co.Court of Appeals for the Seventh Circuit · 1896
  5. C. Rallo Contracting Company v. BlongMissouri Court of Appeals · 1958

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