Legal Opinion

Mound City Mutual Fire & Marine Insurance v. Curran

Supreme Court of Missouri

Decided March 15, 1868PublishedCited by 5 opinions

Appeal from, St. Louis Circuit Court. Plaintiff’s charter contained the following provisions: “ Sec. 9. That in all cases where real or personal property insured by said company shall become alienated by sale, or change in partnership or ownership, or otherwise, the policies issued thereon shall be void, and shall be surrendered to said company to be canceled; and said company shall not be liable for any loss or damage which may happen to any property after such alienation…

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Appeal from, St. Louis Circuit Court. Plaintiff’s charter contained the following provisions: “ Sec. 9. That in all cases where real or personal property insured by said company shall become alienated by sale, or change in partnership or ownership, or otherwise, the policies issued thereon shall be void, and shall be surrendered to said company to be canceled; and said company shall not be liable for any loss or damage which may happen to any property after such alienation as aforesaid, unless the policies issued thereon shall have been duly assigned or confirmed, by consent of the directors,…

1Opinion of the Court

Holmes, Judge,

delivered the opinion of the .court.

The plaintiff brings this action upon certain premium notes. The property insured in the policy had been alienated without an assignment of the policy. The defendant desiring to be insured on other property situated in another part of the city, thé secretary of the company made an, indorsement on this policy to the effect that it should cover that property in the sum of two thousand dollars, and that when the building should be fitted up for the purposes of a distillery an increased rate of premium should then be agreed upon and paid. It was…

2Cases cited2 opinions

  1. Keenan v. Missouri State Mutual InsuranceSupreme Court of Iowa · 1861
  2. Plahto v. Merchants' & Manufacturers' InsuranceSupreme Court of Missouri · 1866

3Cited by5 opinions

  1. Henning v. United States InsuranceSupreme Court of Missouri · 1871
  2. Planters' Mutual Insurance v. S. Lyons, Lindenthal & Co.Texas Supreme Court · 1873
  3. Everett v. Patrons & Farmers Mutual Fire InsuranceMissouri Court of Appeals · 1928
  4. Froehly v. North St. Louis Mutual Fire InsuranceMissouri Court of Appeals · 1888
  5. Merchants' & Manufacturers' Insurance v. CurranSupreme Court of Missouri · 1869

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