Baile v. St. Joseph Fire & Marine Insurance
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. This was a suit iu equity brought by plaintiffs against defendant, and under the following circumstances:- One Shotwell, the local agent of defendant at Warrensburg, solicited plaintiffs, who were merchants at that place, to take $2,500 insurance upon their stock of goods, to continue one year.
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. This was a suit iu equity brought by plaintiffs against defendant, and under the following circumstances:- One Shotwell, the local agent of defendant at Warrensburg, solicited plaintiffs, who were merchants at that place, to take $2,500 insurance upon their stock of goods, to continue one year. Plaintiffs consented, paid the premium, and received from Shotwell the following receipt: Warrensburg, Mo., December 5th, 1873. , Received of Baile & Ridenour $43.75, paid as premium on $2,500 insurance in the St. Joseph Eire & Marine…
1Opinion of the CourtSherwood, C. J.
Proceeding in the nature of a bill in equity for specific performance of a verbal contract to insure the goods and merchandise of the plaintiffs.
I
The validity of' the contract is the first point demanding attention. The charter of the defendant company is that furnished by the general law. Chap. 67, Gen. St. 1865, p. 353. The concluding words of section 1 of that chapter require that the “conditions of all policies issued by such company, shall be written or printed on the face *381thereof;” and section 8 of the same chapter provides that “ all policies and contracts of insurance and instruments…
2Cases cited16 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- New England Fire & Marine Insurance v. RobinsonIndiana Supreme Court · 1865
11 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- State Ex Rel. Leonardi v. SherrySupreme Court of Missouri · 2004
- LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
- Breckinridge v. American Central InsuranceSupreme Court of Missouri · 1885
- Massachusetts Bonding Ins. Co. v. VanceSupreme Court of Oklahoma · 1918
- Massachusetts Bonding & Ins. v. R. E. Parsons Electric Co.Court of Appeals for the Eighth Circuit · 1932
43 more not listed; retrieve them via the Exa API.