72 Mo. App. 492 | Mo. Ct. App. | 1897
This suit is to recover of defendant certain premiums for the insurance of a building leased by plaintiff to defendant for a term of ten years, upon a covenant by the lessee to pay the premiums for the insurance of the property to be taken out by the lessor, to the extent of eighty per cent of its value. There was a trial before the justice and an appeal to the circuit court, where the cause was submitted to the judge sitting as a jury. It was shown for plaintiff that her real estate agents procured the insurance of the property in reliable companies, at what were known as board rates, which were reasonable, and aggregated $935; that she paid this sum to her real estate agents, who deducted therefrom ten per cent, and paid the remainder to one Hirschberg, the agent of the underwriters; that this
“St. Louis, Sept. 4th, 1896.
“Rutledge <& Kilpatrick Realty Go. :
“Dear Sirs: — We enclose to you herewith $578 in payment of your bill to this company for insurance, this being the value for the same in first-class board companies; consequently we believe that this will be satisfactory to you. The last premium paid you for this was at the rate of 85 cents, so- that an advance to a basis of 85 cents or 50% advance, as now paid, appears excessive. We mention to you, as we think that this important item has escaped your notice.
“Yours truly,
“Missouri Glass Company,
“W. Somerville, Pres.”
“St. Louis, Sept. 5th, 1896.
“ Wm. Somerville, JEsgi. :
“Dear Sir: — Yours of the 4th with checkfor $578 received. We do not understand how you base your figures, and must insist that you send us a statement of how you arrive at this amount, so that we can check up and see whether you or the insurance agent are in error. Please let us hear from you at once.
“Yours,
“Rutledge & Kilpatrick Realty Co.,'
“Rober Rutledge, Y. P.”