American Insurance v. McGehee Liquor Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; John W. Blackwood, Judge; Section 4348, Kirby’s Dig., does not apply to mutual insurance companies. Act 192 of Acts 1905 is solely applicable. The bondsmen could be sued only under the authority given by section 4380 of Kirby’s Dig.- The allowance of the penalty and attorney’s fee was proper.
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Appeal from Pulaski Circuit Court; John W. Blackwood, Judge; Section 4348, Kirby’s Dig., does not apply to mutual insurance companies. Act 192 of Acts 1905 is solely applicable. The bondsmen could be sued only under the authority given by section 4380 of Kirby’s Dig.- The allowance of the penalty and attorney’s fee was proper. Act 113, Acts 1905. When default was made, in payment of these drafts, the original debt revived, upon which plaintiffs had a right to sue. 48 Ark. 267. Act 115 of the Acts of 1905 makes no distinction between liquidated and unliquidated claims.
1Opinion of the CourtBattle, J.
On the-15th day of July, 1908, Joe F. Jones and J. H. Davis, partners doing business under the firm name and style of McGehee Liquor Company, brought an action against the American Insurance Company, a corporation organized under the laws of Arkansas and doing business at Little Rock, in this State, and against John B. Driver and A. B. Poe, on two drafts drawn by E. Miles, adjuster, on the defendant, the insurance company, for five hundred dollars each, payable to the order .of the plaintiffs, dated the 23d day of March, 1908, one due sixty days after date, and. the other ninety days after…
2Cases cited11 opinions
- Myatts & Moore v. BellSupreme Court of Alabama · 1867
- Triplett v. Mansur & Tebbetts Implement Co.Supreme Court of Arkansas · 1900
- Mooring v. Mobile Marine Dock & Mutual InsuranceSupreme Court of Alabama · 1855
- Henry v. ConleySupreme Court of Arkansas · 1886
- Jackson v. BrownSupreme Court of Georgia · 1897
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- Safety Motors, Inc. v. Elk Horn Bank & Trust Co.District Court, W.D. Arkansas · 1954
- American Insurance v. McGehee Liquor Co.Supreme Court of Arkansas · 1914
- Southwestern Surety Insurance v. ClaySupreme Court of Arkansas · 1914