German-American Insurance v. Harper
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District. Styles T. Rowe, Judge. A void policy of insurance can only be revived by a new agreement, supported by a new consideration. Ostrander, Fire Ins. 396, 563, 573, 578; 123 N. Y. 6; 118 N. Y. App. 518; 124 Ind. 490; 90 Tenn. 412; 5 Ind. App. 82; 70 N. Y. 593; 62 Ark. 348. Evidence of custom should have been presented.
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Appeal from Sebastian Circuit Court, Greenwood District. Styles T. Rowe, Judge. A void policy of insurance can only be revived by a new agreement, supported by a new consideration. Ostrander, Fire Ins. 396, 563, 573, 578; 123 N. Y. 6; 118 N. Y. App. 518; 124 Ind. 490; 90 Tenn. 412; 5 Ind. App. 82; 70 N. Y. 593; 62 Ark. 348. Evidence of custom should have been presented. Ostrander, Eire Ins.-99, 128. The court erred in giving instructions 1, 2 and 3, and in refusing Nos. 1 and 2 asked by appellant. 50 Ark. 545; 69 Ark. 138; 68 Ark. 106; 151 U. S. 451; 62 Ark. 348; Ostrander, Fire Ins. 397; 90…
1Opinion of the CourtBattee, J.
On or about the nth day of January, 1896, the German-American Insurance Company executed a policy of insurance for $1,000 to Harper & Wilson upon their bar fixtures and furniture. It was dated the 14th day of January, 1896, and was to continue one year from date, and contained this clause: “$2,000 total concurrent insurance permitted, including this policy.” At the time it was executed and delivered to Harper & Wilson there was insurance upon the same property for $2,000, and it did not expire until the 21st day of January, 1896. The German-American Insurance Company knew that this insurance…
2Cases cited3 opinions
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- Jefferson Mutual Insurance v. MurrySupreme Court of Arkansas · 1905
3Cited by12 opinions
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- Home Life & Accident Co. v. HaskinsSupreme Court of Arkansas · 1922
- Arkansas Mutual Fire Insurance v. ClaiborneSupreme Court of Arkansas · 1907
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