North State Fire Insurance v. Dillard
Supreme Court of Arkansas
Appeal from Garland Circuit Court; W. H. Evans, Judge; 1. When an insurance company and a policy holder agree upon a settlement of a fire loss at a definite sum to be paid on a day named, and the company under said settlement is ready to pay the sum, but is prevented by garnishment proceedings, it is only liable for the sum agreed upon, and no more.
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Appeal from Garland Circuit Court; W. H. Evans, Judge; 1. When an insurance company and a policy holder agree upon a settlement of a fire loss at a definite sum to be paid on a day named, and the company under said settlement is ready to pay the sum, but is prevented by garnishment proceedings, it is only liable for the sum agreed upon, and no more. It is the duty of the garnishee to hold the funds. 3 Ark. 509; 6 Id. 391; 19 Id. 249; 40 Id. 531. A garnishment is allien from the time served (39 Ark. 97), and transfers to the garnisher all rights and remedies of the judgment defendant. 76 Ark.…
1Opinion of the CourtHire, C. J.
Dillard sued the insurance company on two policies for loss by fire covered by said policies.- The insurance company alleged two defenses: First, it denied that the plaintiff, within sixty days after the fire, furnished proof of loss as required by the policies; and, second, it alleged that there was an agreement reached between the plaintiff and defendant to settle the loss for $1,750; that by the terms of the agreement the defendant was given a reasonable time to make payment, and that within the time that payment was to be made the same was intercepted by various writs of garnishment sued…
2Cases cited5 opinions
- Dreyfus v. RobertsSupreme Court of Arkansas · 1905
- McKissack v. Witz, Biedler Co.Supreme Court of Alabama · 1898
- Wadly v. LeggittSupreme Court of Arkansas · 1907
- Grimmett v. OusleySupreme Court of Arkansas · 1906
- Martin-Alexander Lumber Co. v. JohnsonSupreme Court of Arkansas · 1902
3Cited by12 opinions
- Marysville Development Co. v. HargisIdaho Supreme Court · 1925
- Massachusetts Bonding & Insurance v. Home Life & Accident Co.Supreme Court of Arkansas · 1915
- Sizer v. Midland Valley RailroadSupreme Court of Arkansas · 1919
- Martin v. State Ex Rel. Saline CountySupreme Court of Arkansas · 1926
- St. Louis, Iron Mountain & Southern Railway Co. v. TownesSupreme Court of Arkansas · 1910
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