Hope Mut. Ins. Co. v. Flynn
| Decision Date | 31 October 1866 |
| Citation | 38 Mo. 483 |
| Parties | HOPE MUTUAL INSURANCE CO., Plaintiff in Error, v. WILLIAM FLYNN, Defendant in Error. |
| Court | Missouri Supreme Court |
Error to St. Charles Circuit Court.
John C. Orrick, for plaintiff in error.
The plaintiff in error on the 21st day of September, 1860, issued and delivered to the defendant in error a policy of insurance for two thousand dollars on his house and furniture in Audrain county, Missouri, for the period of six years. Under a provision of the policy the plaintiff in error cancelled the same on the _____ day of _____, 1863, and demanded payment of the premium which was claimed to be due up to that date. On the 26th day of January, 1864, an act was passed by the General Assembly of the State of Missouri by way of amendment to the charter of plaintiff in error, which act, among other things, provided as follows:
--Laws of Mo. Adj. Sess. 1863, p. 352, § 22.
In May, 1864, plaintiff sued defendant before a justice of the peace in St. Charles county for $25, the amount claimed to be due when the policy was cancelled, and judgment was given in its favor. Defendant appealed to the Circuit Court, and on the trial there plaintiff introduced the certificate of indebtedness signed by the president and secretary, with the corporate seal affixed, as evidence of defendant's indebtedness, which was excluded by the court. No other evidence was offered by either party, and the court found for the defendant and rendered judgment in his behalf.
The sole question presented by the record is, had the Legislature the constitutional power to declare that the certificate should be conclusive evidence of the fact of indebtedness.
The Constitution of the State says, that “no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its...
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