Gartside v. Orphans' Benefit Insurance
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. cited 2 Arn. Ins., 1273, § 442 ; 2 J. Marsh., 690; Hill. Ins., 105-6 ; 1 Pars. Ins. 379 ; 1 Marsh. Ins., 165 ; 2 Am. Lead. Cas., 5th ed., 792-6 ; Watson vs. Clark, 1 Dow. [H. Lords], 336 ; Talcott vs. Ins. Co., 2 Johns., 124; Patrick vs. Hallet, 3 Johns. Cases, 76 ; Paddock vs. Ins. Co., 11 Pick., 227, 237; Wright vs. Ins. Co., 6 Bos. [N.Y.], 269; Meyer vs. Ins. Co., 26 Penn. St., 192 ; Cort vs. Ins. Co., 2 Wash. Ct.
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Appeal from St. Louis Circuit Court. cited 2 Arn. Ins., 1273, § 442 ; 2 J. Marsh., 690; Hill. Ins., 105-6 ; 1 Pars. Ins. 379 ; 1 Marsh. Ins., 165 ; 2 Am. Lead. Cas., 5th ed., 792-6 ; Watson vs. Clark, 1 Dow. [H. Lords], 336 ; Talcott vs. Ins. Co., 2 Johns., 124; Patrick vs. Hallet, 3 Johns. Cases, 76 ; Paddock vs. Ins. Co., 11 Pick., 227, 237; Wright vs. Ins. Co., 6 Bos. [N.Y.], 269; Meyer vs. Ins. Co., 26 Penn. St., 192 ; Cort vs. Ins. Co., 2 Wash. Ct. Ct., 375; Miller vs. Ins. Co., 2 McCord [S. C.], 336; Prescott vs. Ins. Co., 1 Whart. [Pa.], 399 ; 2 Phill. Ins., 631, § 2079; 2 Casey, 192;…
1Opinion of the CourtNapton, Judge
This was an action against an insurance company on an open cargo'policy of goods, and the petition, on demurrer, was held bad. And the only question for our determination is, whether the demurrer was properly sustained.
The petition avers a shipment on the barge “Mark Twain,” at New Albany, Indiana, and that due notice of such shipment was given to the company, and it was endorsed on the policy, etc.; that defendant then and there, for the consideration agreed on, insured the plaintiff against all loss and damage .which might come to the goods in said voyage, by reason of the adventures and…
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