Sun Mutual Insurance v. Dudley
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court. Rufus D. Hearn, Judge. The evidence totally fails to show that plaintiff complied with the conditions of his policy; hence any instruction based on an assumption of such compliance is erroneous. 57 Ark. 461; 42 Ark. 57. The fulfillment of the requirement in the policy as to the keeping of a complete record of the business was a condition precedent to recovery of the insurance, and a strict compliance with its terms was necessary. 58 Ark.…
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Appeal from Hempstead Circuit Court. Rufus D. Hearn, Judge. The evidence totally fails to show that plaintiff complied with the conditions of his policy; hence any instruction based on an assumption of such compliance is erroneous. 57 Ark. 461; 42 Ark. 57. The fulfillment of the requirement in the policy as to the keeping of a complete record of the business was a condition precedent to recovery of the insurance, and a strict compliance with its terms was necessary. 58 Ark. 575; 62 Ark. 348; 151 U. S. 452; 1 May, Ins. §§ 175, 176 and cases cited; 61 Ark. 214; 1 Wood, Fire Ins. 448. Therefore,…
1Opinion of the CourtBattle, J.
On the 17th of February, 1894, the Sun Mutual Insurance Company of New Orleans issued to C. R. Dudley a policy insuring him against “all direct loss or damage by fire, to an amount not exceeding $700, on his stock of merchandise in the town of Hope,” in this state, for a period of one year from the 18th of February, 1894. On the 7th of November, 1894, C. R. Dudley, with the consent of the insurance company properly given,, transferred the policy and all the property protected thereby to Dudley Bros., a firm composed of C. R. Dudley and R. E. Dudley. On the 13th of January, 1895, the stock of…
2Cases cited1 opinion
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