Blair v. Perpetual Insurance
Supreme Court of Missouri
APPEAL from St. Louis- Circuit Court. 1. The pleas retained by defendant, and to which the plaintiff below demurred, particularly tb&‘ 5th and 8th, were good, and consequently the demurrer thereto ought to have been overruled.— Acts of General Assembly, sess. of 1836-7, p. 215 and 189; sections 5 and 10 of the charter, Acts-of 1842-3, p. 20, sec. 4. 2. The appellee’s declaration is had; it no where expressly avers that Homans accepted the office and appointment of agent of…
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APPEAL from St. Louis- Circuit Court. 1. The pleas retained by defendant, and to which the plaintiff below demurred, particularly tb&‘ 5th and 8th, were good, and consequently the demurrer thereto ought to have been overruled.— Acts of General Assembly, sess. of 1836-7, p. 215 and 189; sections 5 and 10 of the charter, Acts-of 1842-3, p. 20, sec. 4. 2. The appellee’s declaration is had; it no where expressly avers that Homans accepted the office and appointment of agent of the appellee. Such acceptance is at most only matter of inference, from the facts stated- in the declaration. Serre, et…
1Opinion of the CourtScott, J.
This was an action of debt on a bond in the penalty of $2,000, by the appellee (plaintiff below) against the appellant, as surety of J. J. Ho-mans, who was agent for the appellee. The condition of the bond, after reciting that Homans had been appointed agent for the St. Louis Perpetual Insurance Company, provided that it should be void if the said Ho-mans should well and truly perform all the duties of the said appointment, as the same should be prescribed by the Board of Directors thereof, from time to time; and should faithfully preserve and account for all the moneys of the said company,…
2Cases cited3 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Beaty v. Lessee of KnowlerSupreme Court of the United States · 1830
- New York Firemen Insurance v. ElyNew York Supreme Court · 1824
3Cited by35 opinions
- Pacific Railroad v. SeelySupreme Court of Missouri · 1870
- City of Carondelet v. PicotSupreme Court of Missouri · 1866
- Bailey v. McAlpinSupreme Court of Georgia · 1905
- Barry v. Screwmen's Benevolent Ass'nTexas Supreme Court · 1887
- United American Fire Insurance Co. v. American Bonding Co. of BaltimoreWisconsin Supreme Court · 1911
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