McCutcheon v. Rivers

Decided October 15, 1878

Supreme Court of Missouri · decided 1878-10-15

— The case was tried before G. W. Crow, Esq., sitting as Temporary Judge. On the 13th day of October, 1874, defendant, as local agent in Jasper county, Missouri, of the National Insurance Company, of Philadelphia, Pennsylvania, issued to the plaintiffs a policy of insurance • in-that company, for which they paid him a premium of $37.50. Defendant immediately sent the money to the company in the regular course of business.

Cited by 4 later decisions — most recently June 1905

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1878-10-15

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Napton, J.

¶1This suit was brought to recover back $37.50 paid Rivers as agent of an insurance company in Philadelphia, about ten days after the superintendent, in St. Louis, had revoked the license of the company to do *124business in this State. The publication of the fact of revocation is required to be for four weeks. The agent in Jasper county, the defendant, did not see it, and therefore took the premium. The majority of this court are of opinion that the plaintiff is entitled to recover, that the revocation of the license is the material fact, that the four-weeks publication is intended to distribute the information as- extensivety as possible, but that the agencies cease when recalled and notice is given. Judgment affirmed.

¶2Affirmed.