Jedlicka v. Missouri Mut. Casualty Co.

• Decision Date: 05 March 1929
• Docket Number: No. 20173.,20173.
• Citation: 14 S.W.2d 535
• Parties: JEDLICKA v. MISSOURI MUT. CASUALTY CO.
• Court: Missouri Court of Appeals

14 S.W.2d 535

JEDLICKA v. MISSOURI MUT. CASUALTY CO.

No. 20173.

St. Louis Court of Appeals. Missouri.

March 5, 1929.

Rehearing Denied March 20, 1929.

Appeal from St. Louis Circuit Court; John W. Calhoun, Judge.

"Not to be officially published."

Garnishment proceeding by Elizabeth Jedlicka, an insane person, by Adolph B. Schmid, her guardian, against the Missouri Mutual Casualty Company, garnishee of Dr. H. H. Shackelford and another. Judgment for plaintiff, and the garnishee appeals. Affirmed.

Roessel & Minton, of St. Louis, for appellant.

Foristel, Mudd, Blair & Habenicht and James J. O'Donohoe, all of St. Louis, for respondent.

NIPPER, J.

This is a garnishment proceeding instituted by Elizabeth Jedlicka, through her guardian, against the Missouri Mutual Casualty Company. The proceedings grew out of a judgment obtained against Dr. Shackelford and Helen Shackelford. Plaintiff obtained judgment against the Shackelfords in the sum of $4,971.33. Defendants appealed to this court, and that judgment was affirmed. Jedlicka v. Shackelford (Mo. App.) 270 S. W. 125. Execution was issued upon this judgment and the appellant was summoned as garnishee. Upon a trial of the garnishment proceedings, a judgment was rendered in favor of plaintiff against the garnishee for the amount of the judgment and interest.

The ground upon which plaintiff recovered judgment against the garnishee was that such garnishee was liable on account of an insurance policy issued to the defendant. This insurance policy contained what is commonly known as a "no action" clause. The record discloses that the Shackelfords did not pay the judgment, and the insurance company denies liability by reason of this fact and because the policy contained the following provision: "E. No suit or action on this Policy, for the recovery of any claim, shall be sustainable in any court of law or equity unless the Assured shall have fully complied with all the requirements of this Policy, nor unless commenced within twelve months next after the happening of the loss, provided that where such limitation of time is prohibited by the laws of the State wherein this Policy is issued then and in that event no suit or action under this Policy shall be sustainable unless commenced within the shortest limitation permitted under the laws of such State, and any amount recoverable in any such suit shall be limited to the loss actually sustained and paid in money by the Assured in full satisfaction of a judgment duly recovered against the Assured after final determination of the litigation."

We deem it unnecessary to quote or...