19 Mo. 53 | Mo. | 1853
delivered the opinion of the court.
Middleton & Riley being summoned as garnishees on an ex’* ecution in favor of Clark & Co., against the Columbus Insurance Company, answered an interrogatry in relation to their indebtedness to the company, by stating that they had effected insurance with an agency of the company and that the premium on such insurance amounted to $474 54. They further stated that when the policy was issued, the company held itself
In the present case, the charge is, -that-the Insurance Company held itself out to the public as solvent, when, in fact,-it was insolvent., What act was done, what -representatiomwas made by which the .garnishees were deceived, is not stated. Whether there was any purpose to deceive, is not stated, but it would appear from the answer, that probably the. agent with whom they dealt did -not himself -know that the company was insolvent. The insurance was effected in February, 1851, on goods to be transported from the eastern cities to St. Joseph, in this state, and the answer which was filed in June, 1852, long after the goods must have been received, discloses, for the first time, the objection to the contract, that the company-was insolvent. The authorities cited on the part of the garnishees, have no application to the question. .
The judgment is, with the concurrence of the other judges, affirmed.