Legal Opinion

Railway Co. v. Fire Ass'n

Supreme Court of Arkansas

Decided November 28, 1891PublishedCited by 21 opinions

APPEAL from Columbia Circuit Court. Charles W. Smith, Judge. STATEMENT BY THE COURT. The Fire Association of Philadelphia and the Southwestern Commercial Company sued the St. Louis, Arkansas and Texas Railway Company, in the Columbia circuit court, for damages caused by the burning of cotton by a fire on the first day of April, 1887, at Magnolia, Arkansas.

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APPEAL from Columbia Circuit Court. Charles W. Smith, Judge. STATEMENT BY THE COURT. The Fire Association of Philadelphia and the Southwestern Commercial Company sued the St. Louis, Arkansas and Texas Railway Company, in the Columbia circuit court, for damages caused by the burning of cotton by a fire on the first day of April, 1887, at Magnolia, Arkansas. Plaintiffs alleged in their complaint that the Fire Association of Philadelphia was a corporation existing under the laws of Pennsylvania, and was engaged in entering into contracts of insurance and taking risks against fire and loss…

1Opinion of the Court

Battle, J.,

after stating the facts as above.

1. Foreign corporations doing business in this State. It is contended in behalf of appellant that the demurrer , filed by it should have been sustained because it was stated in the complaint that the plaintiffs were foreign corporations, and did business in the State of Arkansas. This is true, but it was not alleged that the contract of insurance made by them was entered into in the State of Arkansas, and hence it was not necessary to state in the complaint that the plaintiffs had complied with the conditions upon which they could do business and…

2Cases cited31 opinions

  1. Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
  2. St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
  3. Insurance Co. v. BrameSupreme Court of the United States · 1878
  4. Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
  5. Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859

26 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Cooper v. Ft. Smith & W. R. Co.Supreme Court of Oklahoma · 1909
  2. National Surety Co. v. State Savings BankCourt of Appeals for the Eighth Circuit · 1907
  3. Underwood Typewriter Co. v. PiggottWest Virginia Supreme Court · 1906
  4. Chittim v. Belle Fourche Bentonite Products Co.Wyoming Supreme Court · 1944
  5. Midwest Lime Co. v. Independence County Chancery CourtSupreme Court of Arkansas · 1977

16 more not listed; retrieve them via the Exa API.

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