Greenleaf v. St. Louis Insurance
Supreme Court of Missouri
Appeal from the St. Louis Circuit Court. In 1839 a policy of a similar character came before Mr. Justice Story, and was construed by him in the case of Palmer v. Warren Ins. Co., 1 Stor. 360 et seq. * * * The appositeness of the remarks of Mr. Justice Story in the case of Palmer v. Warren Ins. Co., and the authority of "the Supreme Court of the United States in the case of Yea-ton v. Fry, 5 Cranch, 335, render it unnecessary to say anything.
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Appeal from the St. Louis Circuit Court. In 1839 a policy of a similar character came before Mr. Justice Story, and was construed by him in the case of Palmer v. Warren Ins. Co., 1 Stor. 360 et seq. * * * The appositeness of the remarks of Mr. Justice Story in the case of Palmer v. Warren Ins. Co., and the authority of "the Supreme Court of the United States in the case of Yea-ton v. Fry, 5 Cranch, 335, render it unnecessary to say anything. It is submitted, that I. The exception of the Missouri, Red, White, Arkansas and Yazoo rivers in the policy does not amount to a warranty, or a condition…
1Opinion of the CourtWagner, Judge
This was an action on a policy of insurance for five thousand dollars effected in the St. Louis Insurance Company on the hull of the steamer A. McDowell.
The insurance was for one year beginning on the 4th day of April, 1862, and ending on the 4th day of April, 1863. The policy contained the following clause: “With permission to navigate the Mississippi and Ohio rivers and their tributaries, usually navigated by boats of her class, the Missouri, Arkansas, White, Red, and Yazoo rivers excepted.”
At the trial the following facts were agreed upon by both parties:
*281. That the policy described in the…
2Cases cited3 opinions
- Bradlie v. the Maryland Insurance CompanySupreme Court of the United States · 1838
- Yeaton v. FrySupreme Court of the United States · 1809
- Stevens v. Commercial Mutual InsuranceThe Superior Court of New York City · 1857
3Cited by6 opinions
- Kenefick & Hammond v. Norwich Union Fire InsuranceSupreme Court of Missouri · 1907
- State Ex Rel. Mutual Life Insurance v. ShainSupreme Court of Missouri · 1939
- Berryman v. Maryland Motor Car Ins.Missouri Court of Appeals · 1918
- Hennessey v. Manhattan Fire InsuranceNew York Supreme Court · 1882
- Wilkins v. Tobacco Fire & Marine InsuranceOhio Superior Court, Cincinnati · 1872
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