Great Southern Fire Insurance v. Burns & Billington
Supreme Court of Arkansas
Appeal from Craig-head Circuit Court, Jonesboro District; J. F. Gautney,.Judge; ' 1. There was a chattel mortgage on the rice insured, which the proof of loss admits.
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Appeal from Craig-head Circuit Court, Jonesboro District; J. F. Gautney,.Judge; ' 1. There was a chattel mortgage on the rice insured, which the proof of loss admits. No agreement with respect to the mortgage was indorsed upon the policy, hence, under the provision in the contract, the policy was void, even if the mortgage had been satisfied before the loss. 62 Ark. 348. 2. The same result follows where the mortgage covers ‘an undivided interest only. 71 la. 119; 32 N. W. 20; 88 Mich. 94; 50 N. W. 100; 19 Cyc. 758; 1 May on Insurance, § 291a. 3. It is the duty of the insured to know what his…
1Opinion of the CourtHart, J.
J. L. Burns and M. F. Billington, partners, as Burns & Billington, instituted this action against the Hr eat Southern Fire Insurance Company to recover on two policies of fire insurance. The policies covered certain rice belonging to the insured, .and no question is raised as to the amount recovered. At the time the contract of insurance was made, there was a chattel mortgage on the rice which was executed by Billington.. Doctor Burns procured the policies of insurance sued upon. An application was made to Freeze & Cole, insurance agents, who occupied offices in the same building adjoining…
2Cases cited10 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Glens Falls Insurance Co. v. MichaelIndiana Supreme Court · 1905
- Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
- German-American Insurance v. HumphreySupreme Court of Arkansas · 1896
- Lancashire Insurance v. MonroeCourt of Appeals of Kentucky · 1897
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- American Insurance Union v. RowlandSupreme Court of Arkansas · 1928
- American National Insurance v. WhiteSupreme Court of Arkansas · 1916
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