Lungstrass v. German Insurance
Supreme Court of Missouri
Appeal from Pettis Circuit Court. L The contract of insurance never was consummated. This policy could have become binding only by the dispatch of a notification of acceptance directed to the insurer, by mail or otherwise, before the fire. (Phill. Ins., § 17 ; Taylor v. Merch. Fire Ins. Co., 9 How. B90 ; Wallingford v. Home Mutual Fire Ins. Co., 30 Mo. ^46; Neville v. Merch. & Manuf. Ins.
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Appeal from Pettis Circuit Court. L The contract of insurance never was consummated. This policy could have become binding only by the dispatch of a notification of acceptance directed to the insurer, by mail or otherwise, before the fire. (Phill. Ins., § 17 ; Taylor v. Merch. Fire Ins. Co., 9 How. B90 ; Wallingford v. Home Mutual Fire Ins. Co., 30 Mo. ^46; Neville v. Merch. & Manuf. Ins. Co., 19 Ohio, 459.) Assent must be signified to the other contracting party, and where the parties are at a distance such signification is by letter, dispatch, or other missive, put under way to the other…
1Opinion of the CourtBliss, Judge
The plaintiff holds a policy of insurance issued under the following circumstances: He had been appointed agent of defendant for Sedaba, and on the 28th of October, in response to applications obtained and forwarded by him, the secretary sent him policies numbéred 294, 295 and 296, the first being a policy upon his own goods. The premium charged was two and a-half per-cent., and, being dissatisfied with the rate, the plaintiff sent back his own policy for a reduction. It was reduced to two per cent, and returned, and the plaintiff claims that he received it on the 6th of November, and that on…
2Cases cited2 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Kentucky Mutual Insurance v. JenksIndiana Supreme Court · 1854
3Cited by16 opinions
- Horton v. New York Life InsuranceSupreme Court of Missouri · 1899
- Hunt v. JeffriesMissouri Court of Appeals · 1941
- Eicks v. Fidelity & Casualty Co.Supreme Court of Missouri · 1923
- Lingenfelter v. Phœnix InsuranceMissouri Court of Appeals · 1885
- State Ex Rel. Johnson v. BlairSupreme Court of Missouri · 1943
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