Legal Opinion

Boone County Home Mutual Insurance v. Anthony

Missouri Court of Appeals

Decided January 11, 1897PublishedCited by 1 opinion

Appeal from the Boone Circuit Court. — Hon. John A. Hockaday, Judge. Revised Statutes of 1879, section 6001, and Revised Statutes of Missouri, 1889, section 5888, provide that a notice shall be published in some newspaper notifying the policy holders that an assessment has been made by the board of directors of the company; and that if any person fails or refuses to pay said assessment for thirty days after the publication of said notice, and the delivery of a copy of the…

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Appeal from the Boone Circuit Court. — Hon. John A. Hockaday, Judge. Revised Statutes of 1879, section 6001, and Revised Statutes of Missouri, 1889, section 5888, provide that a notice shall be published in some newspaper notifying the policy holders that an assessment has been made by the board of directors of the company; and that if any person fails or refuses to pay said assessment for thirty days after the publication of said notice, and the delivery of a copy of the same to him, the board of directors may bring suit to recover the full amount of said note. The defendant had a right to…

1Opinion of the CourtEllison, J.

Statement. Plaintiff is a local fire insurance company in Boone county, organized under the provisions of the act of 1874 governing “local . . ,, _ ~ , insurance companies.77 Laws 1874, p. 90. Plaintiff instituted this action on a premium note given by defendant who was a member of such company. An assessment of fifteen per cent of the note was made against defendant, under the provisions of sections 12 and 13 of said act, to pay defendant’s portion of a loss happening to one of the members of the company. Defendant failed to pay the assessment and continued in such failure for more than the…

2Cases cited2 opinions

  1. Young v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1889
  2. State ex rel. Dosenbach v. St. Joseph's Convent of MercySupreme Court of Missouri · 1893

3Cited by1 opinion

  1. Whitehead v. Farhers' Fire & Lightning Mutual InsuranceMissouri Court of Appeals · 1933

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