Legal Opinion

Phœnix Insurance v. Minner

Supreme Court of Arkansas

Decided January 15, 1898PublishedCited by 7 opinions

Appeal from Randolph Circuit Court. John C. Hawthorne, Special Judge. STATEMENT BY THE COURT. The appellee, Ira A. B. Minner, brought this suit in the Randolph circuit court against the appellant, Phoenix Insurance Company, on a fire insurance policy issued by the appellant to him on the 23d of September, 1893, insuring the appellee for one year from that date against loss by fire and lightning on certain property to the amount of $1,620, apportioned as follows: “Dwelling,…

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Appeal from Randolph Circuit Court. John C. Hawthorne, Special Judge. STATEMENT BY THE COURT. The appellee, Ira A. B. Minner, brought this suit in the Randolph circuit court against the appellant, Phoenix Insurance Company, on a fire insurance policy issued by the appellant to him on the 23d of September, 1893, insuring the appellee for one year from that date against loss by fire and lightning on certain property to the amount of $1,620, apportioned as follows: “Dwelling, $1,000; household furniture, $200; parlor melodeon, $50; sewing machine, $20; barn, $200; and farm produce, $150. The…

1Opinion of the Court

Hughes, J.,

(after stating the facts.) As this cause must be remanded on account of error in modifying the second instruction asked by the defendant, we will say nothing about the evidence, save what in our judgment is necessary to a proper understanding of the opinion of the court.

One of the conditions precedent to the right of recovery by loss by fire, according to provisions in the policy, is as follows: “In case of loss the assured shall give this company immediate notice thereof at its branch office in Cincinnati, Ohio, and within sixty days thereof render under oath to its office…

2Cases cited4 opinions

  1. Citizens' Fire Insurance, Security & Land Co. v. DollCourt of Appeals of Maryland · 1872
  2. German Insurance v. GibsonSupreme Court of Arkansas · 1890
  3. Edwards v. Baltimore Fire InsuranceCourt of Appeals of Maryland · 1845
  4. Mixer v. BennettSupreme Court of Iowa · 1886

3Cited by7 opinions

  1. Aetna Insurance v. Indiana National Life InsuranceIndiana Supreme Court · 1921
  2. Sun Mutual Insurance v. DudleySupreme Court of Arkansas · 1898
  3. Greenwich Insurance v. StateSupreme Court of Arkansas · 1905
  4. Concordia Fire Insurance v. WaterfordSupreme Court of Arkansas · 1920
  5. Inter-State Business Men's Accident Ass'n v. GreeneSupreme Court of Arkansas · 1918

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