St. Louis Tow Co. v. Orphans Benefit Insurance
Supreme Court of Missouri
Hppeal from Wayne Circuit Court. No cause of action was stated in the petition. The respondent was entitled to the instruction asked for.
1Opinion of the CourtWagner, Judge
The plaintiff, as assignee of Hackett & Ackle, commenced this action to recover the amount of a policy of insurance, *530made by the defendant on a quantity of cement, which was being transported from the Ohio River to St. Louis. The cement was greatly injured, while in the process of being loaded on a barge lying at New Albany. The answer of the defendant admitted the facts set forth in the petition, but alleged new and independent matters of defense. To these defences there was a replication filed. At the trial, as the defendant took upon itself the onus or burden of proof, it claimed the right…
2Cited by3 opinions
- Knoche v. WhitemanMissouri Court of Appeals · 1901
- Pemiscot Land & Cooperage Co. v. DavisMissouri Court of Appeals · 1910
- Grant Quarry Co. v. Lyons Construction Co.Missouri Court of Appeals · 1897