Pacific Mutual Insurance v. Guse
Supreme Court of Missouri
FLppeal from Franklin Circuit Court. . The court improperly admitted in evidence the copy of the resolution ordering an assessment. It was incompetent until after the plaintiff had offered proof to show that losses had been sustained for which an assessment was authorized to be made. The payment of the note was conditional, and not at the mere discretion of the directors.
Read the full summary
FLppeal from Franklin Circuit Court. . The court improperly admitted in evidence the copy of the resolution ordering an assessment. It was incompetent until after the plaintiff had offered proof to show that losses had been sustained for which an assessment was authorized to be made. The payment of the note was conditional, and not at the mere discretion of the directors. The resolution of itself was no evidence that the contingency had arrived upon which the defendant was liable to pay. (Gen. Stat. 1865, ch. 67, p. 358, § 20; American Ins. Co. v. Schmidt, 19 Iowa, 502; Thomas, etc., v.…
1Opinion of the CourtWagner, Judge
This was an action commenced before a justice of the peace to recover an assessment of $17.50 made by the plaintiff against the defendant, on a premium note for $70. The note specified that it was given for a policy issued by the insurance company, and was to be paid in such portions and at such times as the directors of the said company might, agreeably to the general incorporation laws of the State and the by-laws of the company, require.
Before the justice of the peace defendant obtained judgment, but on appeal to the Circuit Court, judgment was had for the plaintiff.
The only question of…
2Cases cited8 opinions
- Bangs v. . DuckinfieldNew York Court of Appeals · 1859
- Savage v. . MedburyNew York Court of Appeals · 1859
- Herkimer County Mutual Insurance v. FullerNew York Supreme Court · 1852
- Thomas v. WhallonNew York Supreme Court · 1857
- American Insurance v. SchmidtSupreme Court of Iowa · 1865
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lycoming Fire Insurance ex rel. Beeber v. LangleyCourt of Appeals of Maryland · 1884
- Wayland v. Western Life Indemnity Co.Missouri Court of Appeals · 1912
- Insurance Co. v. HydeTennessee Supreme Court · 1898
- Hogan v. Pacific Endowment LeagueCalifornia Supreme Court · 1893
- Swing v. H. C. Akeley Lumber Co.Supreme Court of Minnesota · 1895
3 more not listed; retrieve them via the Exa API.