Strong v. Phœnix Insurance
Supreme Court of Missouri
Jipjpeal from St. Louis Circuit Court; ■ . I. The defendant had a common interest with the United States Insurance Gompany in the questions involved in the ■ suit of Henning & Woodruff vs. The U. S. Ins.
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Jipjpeal from St. Louis Circuit Court; ■ . I. The defendant had a common interest with the United States Insurance Gompany in the questions involved in the ■ suit of Henning & Woodruff vs. The U. S. Ins. Co., and having had notice of the suit, and having participated in the defense of it, is concluded by the judgment in that case, and in this suit the record of the proceedings and judgment may ' not only be pleaded by way of estoppel, but it is conclusive (unless impeached for fraud and collusion) against the defendant upon the questions involved, to-wit; 1st, whether the U. S. Ins. Co. had a…
1Opinion of the CourtWagner, Judge
This was an action upon a policy of insurance, brought by the plaintiffs as assignees of the party to whom the policy was issued. It appears from the petition, that in April, 1864, The United States Insurance Company, by its open policy, caused the firm of Henning & Woodruff to be insured, lost or not lost, upon all shipments made to them at and from all ports and places on the Mississippi river and its tributaries, against the perils of the seas, rivers, fires,.jettisons, and assailing thieves; that on the 9th of June, 1864, the firm of William Butler & Co., a firm identical with Henning A…
2Cases cited4 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Howell v. WilsonIndiana Supreme Court · 1831
- State ex rel. Hempstead v. CosteSupreme Court of Missouri · 1865
- State v. GibsonSuperior Court of Delaware · 1958
3Cited by49 opinions
- Doremus v. RootWashington Supreme Court · 1901
- Homan v. Employers Reinsurance Corp.Supreme Court of Missouri · 1940
- Woods v. AyresMichigan Supreme Court · 1878
- State ex rel. National Subway Co. v. St. LouisSupreme Court of Missouri · 1898
- State ex rel. Kane v. JohnsonSupreme Court of Missouri · 1894
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