Columbus Insurance v. Walsh
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was an action brought by the Columbus Insurance Company against Edward Walsh, to recover back money paid upon a policy, after a loss, in. ignorance of a subsequent insurance upon tbe same property, wbicb avoided the policy. The company, by its policy dated February 22, 1849, insured the firm of J. & E. Walsh, of which the defendant is surviving partner, in the sum of six thousand dollars, upon one fourth of the steamboat Marshal Ney.
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Appeal from St. Louis Circuit Court. This was an action brought by the Columbus Insurance Company against Edward Walsh, to recover back money paid upon a policy, after a loss, in. ignorance of a subsequent insurance upon tbe same property, wbicb avoided the policy. The company, by its policy dated February 22, 1849, insured the firm of J. & E. Walsh, of which the defendant is surviving partner, in the sum of six thousand dollars, upon one fourth of the steamboat Marshal Ney. The amount insured was four fifths of the valuation of the said one fourth. There was a clause in the policy which…
1Opinion of the CourtRylaND, Judge
The principal questions involved in this controversy, relate to the over-insurance of the boat and the capacity of the defendant, Walsh — -whether he was acting for himself or as agent for the bank of Missouri.
1. The insurance was made on account of J. & E. Walsh. The company valued the boat at thirty thousand dollars. The one fourth of this estimated valuation is seven thousand five hundred dollars. The insurance is made on four fifths of this one fourth, which amounts to six thousand dollars, leaving one fifth of this one fourth uninsured. This insurance was effected on 22d February, 1849.…
2Cases cited3 opinions
- Mowatt v. WrightNew York Supreme Court · 1828
- Wheadon v. OldsNew York Supreme Court · 1838
- Waite v. LeggettNew York Supreme Court · 1828
3Cited by25 opinions
- The Walter A. Wood Mowing v. CaldwellIndiana Supreme Court · 1876
- Tri-State Amusement Co. v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1905
- Toledo Tie & L. Co. v. ThomasWest Virginia Supreme Court · 1890
- People v. HawkinsMichigan Supreme Court · 1895
- Lamar Township v. City of LamarSupreme Court of Missouri · 1914
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