Ritter v. Boston Underwriters Insurance
Missouri Court of Appeals
Appeal from Pettis Circuit Court, Hon. John P. Stbotheb, Judge. Statement of case by the court. Plaintiff commenced suit by attachment against L. I). Alexander, returnable to the May term of the circuit ■court, and caused the Boston Underwriters Insurance Company to be summoned as garnishee. The usual interrogatories were filed May 9, 1888. On July 30, 1883, the garnishee filed answer to the interrogatories, denying any indebtedness to Alexander.
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Appeal from Pettis Circuit Court, Hon. John P. Stbotheb, Judge. Statement of case by the court. Plaintiff commenced suit by attachment against L. I). Alexander, returnable to the May term of the circuit ■court, and caused the Boston Underwriters Insurance Company to be summoned as garnishee. The usual interrogatories were filed May 9, 1888. On July 30, 1883, the garnishee filed answer to the interrogatories, denying any indebtedness to Alexander. On May 26, 1885, plaintiff obtained final judgment against Alexander, and on the last-mentioned date the plaintiff filed a denial of the garnishee’s…
1Opinion of the CourtHall, J.
It is clear that, under certain circumstances, the loss covered by a policy of insurance is the subject of garnishment. Lovejoy v. Insurance Co., 11 Fed Rep. 62, and cases cited. The policy provided that “no suit shall be brought for the recovery of any claim under this policy unless such suit or action is commenced within twelve months next after the fire shall have occurred.” The garnishee makes the point that, “the mere service upon this appellant of a summons of garnishment does not constitute a suit against it upon or under the insurance policy.” In support of the point it is argued :…
2Cases cited4 opinions
- Scales v. Southern Hotel Co.Supreme Court of Missouri · 1866
- Tinsley v. SavageSupreme Court of Missouri · 1872
- Heege v. FruinMissouri Court of Appeals · 1885
- Benton v. LindellSupreme Court of Missouri · 1847
3Cited by5 opinions
- Reid, Murdock & Co. v. MercurioMissouri Court of Appeals · 1902
- Godman v. GordonMissouri Court of Appeals · 1895
- Ferguson v. Venice Transportation Co.Missouri Court of Appeals · 1899
- Collins v. KammannMissouri Court of Appeals · 1893
- State ex rel. Walkley v. McCulloughMissouri Court of Appeals · 1900