Massachusetts Bonding & Insurance v. Home Life & Accident Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Mar-Uneau, 'Chancellor; 1. The policy issued in Alabama on property in Arkansas, is void as to the surety, being in violation of Kir-bv’s Digest, § § 4363, 4364, and Acts 1905, p. 780. 29 Ark. 386; 47 Id. 378; 34 Id. 762; 81 Id. 599. Where an illegal contract has ¡been made, no court will grant relief, but leaves the parties where it finds them, if they have been cognizant of the illegality. 67 Ark. 480; 81 Id. 41; 98 S. W. 711; 95…
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Appeal from Pulaski Chancery Court; John E. Mar-Uneau, 'Chancellor; 1. The policy issued in Alabama on property in Arkansas, is void as to the surety, being in violation of Kir-bv’s Digest, § § 4363, 4364, and Acts 1905, p. 780. 29 Ark. 386; 47 Id. 378; 34 Id. 762; 81 Id. 599. Where an illegal contract has ¡been made, no court will grant relief, but leaves the parties where it finds them, if they have been cognizant of the illegality. 67 Ark. 480; 81 Id. 41; 98 S. W. 711; 95 Ark. 552; 129 S. W. 797. Contracts contrary to the laws of a 'State will not be enforced. 126 Wise. 281; 105 N. W. 801;…
1Opinion of the CourtHart, J.
This is the second appeal in this case. For the opinion on the former appeal, see Massachusetts Bonding & Ins. Co. v. Home Life & Accident Co., 113 Ark. 576, 168 S. W. 1062. The issues raised by the present appeal are different from those involved in the former appeal, -and on that account it will be uecessar^ for a particular statement of the facts pertinent to the issues raised by the present appeal.
The American Union Fire Ins. Co. of Philadelphia, Penn., was engaged in the fire insurance business in the State of Arkansas during the years 1911, 1912 and 1913. The Southwestern Surety &…
2Cases cited8 opinions
- State Mutual Fire Insurance v. Brinkley Stave & Heading Co.Supreme Court of Arkansas · 1895
- Peay v. Pulaski CountySupreme Court of Arkansas · 1912
- Crawford v. Ozark InsuranceSupreme Court of Arkansas · 1911
- Connerly v. DickinsonSupreme Court of Arkansas · 1906
- Federal Union Surety Co. v. FlemisterSupreme Court of Arkansas · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hallock v. Income Guaranty Co.Michigan Supreme Court · 1935
- Business Men's Accident Ass'n of America v. CowdenSupreme Court of Arkansas · 1917
- Bankers' Reserve Life Company v. CrowleySupreme Court of Arkansas · 1926
- Chavis v. PridgeonSupreme Court of Arkansas · 1944
- North British & Mercantile Insurance v. Equitable Building & Loan Ass'nSupreme Court of Arkansas · 1932
8 more not listed; retrieve them via the Exa API.