Meyer Bros. v. Insurance Co. of North America
Missouri Court of Appeals
Appeal from the Sullivan Circuit Court. — Hon. W. W. Ruoker, Judge. (1) There was no evidence offered by plaintiffs tending to show that defendant company was incorporated; this fact was put in issue by denial under oath.
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Appeal from the Sullivan Circuit Court. — Hon. W. W. Ruoker, Judge. (1) There was no evidence offered by plaintiffs tending to show that defendant company was incorporated; this fact was put in issue by denial under oath. R. S. 1889, sec. 2126. (2) The attempted substitution of the president and directors of the insurance company of North America as defendant, after the case had been submitted to the court, did not cure this error, for the reason that the said company had never been summoned, nor had it. filed answer in the case. (3) The court erred in admitting in evidence the policy issued…
1Opinion of the CourtSmith, P. J.
This is an action on a fire insurance policy. There was a trial and judgment for plaintiffs and defendant has appealed.
The first assignment of error is to the effect that the court erred in permitting the plaintiffs to recover because there was no proof adduced of the defendant’s corporate existence. The petition alleged that the defendant was a corporation organized under the laws of the state of Pennsylvania. The defendant appeared by the name by which it was impleaded in the petition and answered by a general denial and also specially denied its corporate existence. The answer was sworn to…
2Cases cited6 opinions
- Eubank v. City of EdinaSupreme Court of Missouri · 1886
- Seaton v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Witthouse v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1877
- White v. Bellefontaine Lodge, Independent Order of Odd FellowsMissouri Court of Appeals · 1888
- Witte Iron Works v. HolmesMissouri Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Tucker v. Colonial Fire InsuranceWest Virginia Supreme Court · 1905
- Gould v. MFA Mutual Insurance CompanyMissouri Court of Appeals · 1960
- Doerr v. National Fire InsuranceSupreme Court of Missouri · 1926
- Schneider v. Best Truck Lines, Inc.Missouri Court of Appeals · 1971
- Propst v. Capital Mutual Ass'nMissouri Court of Appeals · 1939
5 more not listed; retrieve them via the Exa API.