American Insurance v. Klink
Supreme Court of Missouri
Appeal from Moberly Court of Common Pleas.—Hon. G-. II. Burioiardt, Judge. 1. The note, application and jiolicy form the contract between' the parties, and being drawn in conformity to the company’s charter, constitute a legal and binding contract. Opinion of Drummond, J., in Payson v. Withers, United States Circuit Court, District of Minnesota, June Term, 1873; American Ins. Co. v. Gallaher, 50 Ind. 209; Williams v. Albany City Ins.
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Appeal from Moberly Court of Common Pleas.—Hon. G-. II. Burioiardt, Judge. 1. The note, application and jiolicy form the contract between' the parties, and being drawn in conformity to the company’s charter, constitute a legal and binding contract. Opinion of Drummond, J., in Payson v. Withers, United States Circuit Court, District of Minnesota, June Term, 1873; American Ins. Co. v. Gallaher, 50 Ind. 209; Williams v. Albany City Ins. Co., 19 Mich. 451. The whole contract must be taken together to find the intent of the parties, and not a particular clause. Shuetze v. Bailey, 40 Mo. 69. . 2.…
1Opinion of the CourtHough, J.
The plaintiff insured the defendant, on the installment plan, against loss or damage by fire and lightning, to the amount of $1,660, on a certain dwelling house and other property, situated in Randolph County, for the period of five years, from and after the 26th day of October, 1872. The defendant paid as premium the sum of $9.96 cash, and gave his note for the sum of $39.84, payable in four annual installments. The application made and signed by the defendant contained the following stipulation : “If any installment upon the premium shall remain due and unpaid thirty days, then the policy…
2Cases cited2 opinions
- Williams v. Albany City InsuranceMichigan Supreme Court · 1870
- Pennsylvania Insurance v. GeraldinSupreme Court of Missouri · 1860
3Cited by9 opinions
- Malone v. State Life InsuranceMissouri Court of Appeals · 1919
- Kavanaugh v. Security Trust & Life InsuranceTennessee Supreme Court · 1906
- Palmer v. Continental InsuranceMissouri Court of Appeals · 1888
- St. Paul F. & M. Ins. v. ColemanSupreme Court Of The Territory Of Dakota · 1889
- Barnes v. Continental InsuranceMissouri Court of Appeals · 1888
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