Dreher & Bumb v. Ætna Insurance
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. The court erred in refus - ing to declare that, if the plaintiffs had separated their goods before the fire, and had dissolved partnership, they could not recover. Murdoch & Garrett v. The Chenango County Mutual Ins. Co., 2 Comstock’s Rep. 210. Howard & Apie-rnan v. Albany Ins. Co., 8 Denio, 808. The instructions of the court do not cover the case under the condition.
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Appeal from St. Louis Court of Common Pleas. The court erred in refus - ing to declare that, if the plaintiffs had separated their goods before the fire, and had dissolved partnership, they could not recover. Murdoch & Garrett v. The Chenango County Mutual Ins. Co., 2 Comstock’s Rep. 210. Howard & Apie-rnan v. Albany Ins. Co., 8 Denio, 808. The instructions of the court do not cover the case under the condition. A dissolution of partnership and a division of the goods was not a technical sale, but it was a change of title within the meaning of the policy. A dissolution of partnership could…
1Opinion of the CourtRylaND, Judge
On the 28th of September, 1849, the plaintiffs, as partners, under the style of “ Dreher & Bumb,” procured insurance in the iEtna Insurance company for three thousand dollars, for twelve months, on their stock of ready-made clothing, in a store on the east side of Broadway, second door north of Cherry street, St. Louis, Missouri. On the 10th day of January, 1850, said store and contents were consumed by fire. The policy, among other conditions, was subject to the following :
4th Condition. “Policies of insurance, subscribed by this company, shall not be assignable without the consent of the…
2Cited by6 opinions
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- Western Massachusetts Insurance v. RikerMichigan Supreme Court · 1862
- Card v. Phœnix InsuranceMissouri Court of Appeals · 1877
- Combs v. Shrewsbury Mutual Fire InsuranceNew Jersey Court of Chancery · 1881
- Trabue v. Dwelling-House InsuranceMissouri Court of Appeals · 1892
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