Milwaukee Mechanics Insurance v. Fuquay
Supreme Court of Arkansas
'Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. J. W. Fuquay filed separate suits in the circuit court against the Milwaukee Mechanics Insurance Company and the 'Southern States Fire Insurance Company to recover on policies of insurance. The causes of .action were consolidated for trial.
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'Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. J. W. Fuquay filed separate suits in the circuit court against the Milwaukee Mechanics Insurance Company and the 'Southern States Fire Insurance Company to recover on policies of insurance. The causes of .action were consolidated for trial. J. W. Fuqiiay owned a dwelling house in Arkansas City, Arkansas, and on the 29th day of July, 1913,’ the Milwaukee Mechanics Insurance Company issued him a policy on his house for the sum of $3,000; 'and on the 23rd day of September, 1913, the Southern States Fire…
1Opinion of the CourtHart, J.
(after stating the facts). Henry Thane was agent for both companies with authority to make contracts for insuring property and to write policies of insurance. He wrote and issued the policies of insurance on which these actions are based. At the time he was president of the Desha Bank & Trust Company which held a mortgage for $840 on the insured property. The mortgage clause made the loss, if any, payable to the mortgagee as its interest might appear. It was not shown .that the insurance company had notice that Thane was president of the mortgagee hank at the time he wrote the policies.(1)…
2Cases cited4 opinions
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Bluthenthal v. AtkinsonSupreme Court of Arkansas · 1910
- Lord v. Des Moines Fire InsuranceSupreme Court of Arkansas · 1911
- Fiske v. Royal Exchange Assurance Co.Missouri Court of Appeals · 1903
3Cited by7 opinions
- Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
- Francis v. International Travelers' Ass'nCourt of Appeals of Texas · 1924
- Twin City Fire Ins. v. Stockmen's Nat. Bank of Ft. BentonCourt of Appeals for the Ninth Circuit · 1919
- Concordia Ins. v. School Dist. No. 98 of Payne CountyCourt of Appeals for the Tenth Circuit · 1930
- Firemen's Insurance v. SimmonsSupreme Court of Arkansas · 1929
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