Insurance Co. of North America v. Kempner
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The contract of arbitration was in its nature irrevocable. 49 Atl. 738; 197 Pa. St. 404; 18 Phila. 307; 76 Ark. 153. 2. The award was never in fact revoked. The submission was in writing and the revocation must also he in writing. 5 C. J. 57; 1 Caldw.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The contract of arbitration was in its nature irrevocable. 49 Atl. 738; 197 Pa. St. 404; 18 Phila. 307; 76 Ark. 153. 2. The award was never in fact revoked. The submission was in writing and the revocation must also he in writing. 5 C. J. 57; 1 Caldw. (Tenn.) 197. Notice must be given. 68 S. E. 902; 5 C. J. 58; 2 E. C. L. 368. 3. At any rate, tbe question of revocation was for a jury. 5 C. J. 192; 2 E. C. L. 386, 390; 44 Ark. 166; 76 Atl. 753; 146 Fed. 76; 39 Id. 52; 49 Atl. 7'45; 75 Ark. 198; 53 Pac. 498; 47 S. E.…
1Opinion of the CourtMcCULLOCH, C. J.
Appellees owned a building in tbe city of Little Eock which was damaged by fire on April 10, 1916, and which was insured under policies issued to said owners by appellant companies. Tbe policies contained clauses to tbe effect that tbe amount of any loss or damage should, in tbe event of disagreement, be ascertained by “two competent and disinterested appraisers,” one to be selected by each party to tbe contract, and an umpire to be selected by tbe appraisers. There was a disagreement as to tbe amount of tbe damage to the building and on April 21, 1916, tbe said owners and tbe insurance…
2Cases cited2 opinions
- Niagara Fire Insurance v. BoonSupreme Court of Arkansas · 1905
- Firemen's Insurance v. DavisSupreme Court of Arkansas · 1917
3Cited by6 opinions
- King v. BealeSupreme Court of Virginia · 1957
- Miller v. AMERICAN INSURANCE COMPANY OF NEWARK, NJDistrict Court, W.D. Arkansas · 1954
- W. R. Grimshaw Co. v. Nazareth Literary & Benevolent InstitutionDistrict Court, E.D. Arkansas · 1953
- Allstate Insurance v. HarrisonDistrict Court, W.D. Arkansas · 1969
- Papan v. Resolute InsuranceSupreme Court of Arkansas · 1952
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