Mercantile Mutual Insurance v. Hope Insurance
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. “ Reinsurance effected by agents representing both sides is not void, b.ut voidable, in the absence of previous authority.” —Mitchell v. McMullin, 59 Mo. 252 ; Beeson v. Beeson, 9 Barr, 280; 20 Barb. 468. The evidence offered should not have been refused. —Morse v, Diebold, 2 Mo.
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Appeal from the St. Louis Circuit Court. “ Reinsurance effected by agents representing both sides is not void, b.ut voidable, in the absence of previous authority.” —Mitchell v. McMullin, 59 Mo. 252 ; Beeson v. Beeson, 9 Barr, 280; 20 Barb. 468. The evidence offered should not have been refused. —Morse v, Diebold, 2 Mo. App. 163; Brooks v. Jamison, 55 Mo. 515 ; Guppies v. Whelan, 61 Mo. 583; Edwards v. Thomas, 66 Mo. 468; 62 Mo. 391; 57 Mo. 390. The contract of reinsurance made by the agent of the two contracting parties ivas void. —Insurance Go. v. Insurance Go., 17 Barb. 132 ; Insurance Go.…
1Opinion of the CourtHayden, J.
This is an action upon an alleged policy of reinsurance, by which it is claimed that the defendant insured the plaintiff in the sum of $5,000, on certain cargo-risks which the plaintiff had upon goods on board the steamboat Belle of St. Louis, when at St. Louis and bound for New Orleans. This reinsurance, of date December 8, 1876, was made at St. Louis by Woods & Kennett, insurance agents, and in making it Woods acted for both parties, the plaintiff and the defendant. This firm had for some years been agents of the defendant at St. Louis, and were also agents for the plaintiff and for other…
2Cases cited3 opinions
- New-York Central Ins. Co. v. . National Protection Ins. Co.New York Court of Appeals · 1856
- MacDonald v. WagnerMissouri Court of Appeals · 1878
- Walker v. CrainNew York Supreme Court · 1853
3Cited by14 opinions
- St. Charles Savings Bank v. EdwardsSupreme Court of Missouri · 1912
- Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1928
- Huggins Cracker & Candy Co. v. People's InsuranceMissouri Court of Appeals · 1890
- Lee v. SmithSupreme Court of Missouri · 1884
- Wildberger v. Hartford Fire InsuranceMississippi Supreme Court · 1894
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