American Insurance v. Dannehower
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District; Prank Smith, Judge; STATEMENT BY THE COURT. This is the case as shown by appellant’s abstract: The complaint alleges that Nora Brown was the owner of the'property insured, in Osceola, Arkansas, on April 28, 1906, at which time the American Insurance Company issued her a policy on her dwelling for $700. That upon March 16, 1907, the property was destroyed by fire.
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Appeal from Mississippi Circuit Court, Osceola District; Prank Smith, Judge; STATEMENT BY THE COURT. This is the case as shown by appellant’s abstract: The complaint alleges that Nora Brown was the owner of the'property insured, in Osceola, Arkansas, on April 28, 1906, at which time the American Insurance Company issued her a policy on her dwelling for $700. That upon March 16, 1907, the property was destroyed by fire. That J. H. Dannehower, at the time the policy was issued, held a mortgage on the place for $400, and there was a loss clause made payable to him as mortgagee. That the…
1Opinion of the Court
Hart, J.,
(after stating the facts.) Four propositions of law are relied upon for a reversal of the judgment and a dismissal of the cause.
1. It is insisted that no proof of loss was filed with the company within thirty days after the fire as required by the terms and conditions of the policy.
Appellees admit this, but say that the proof of loss was waived by the company. The facts relied upon to constitute a waiver are as follows: J. H. Dannehower testified: “Plaintiff called on me the next day after the fire to look after the collection of the insurance. I requested Mr. Hale, the local agent,…
2Cases cited5 opinions
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Burlington Insurance v. LowerySupreme Court of Arkansas · 1895
- Hunt v. GardnerSupreme Court of Arkansas · 1905
- Townsend v. PenroseSupreme Court of Arkansas · 1907
- Capital Fire Insurance v. KingSupreme Court of Arkansas · 1907
3Cited by8 opinions
- Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
- Niagara Fire Ins. Co. of New York v. Raleigh Hardware Co.Court of Appeals for the Fourth Circuit · 1933
- NEW YORK UNDERWRITERS'FIRE INS. CO. v. Malham & Co.Court of Appeals for the Eighth Circuit · 1928
- Globe & Rutgers Fire Ins. Co. v. StallardCourt of Appeals for the Fourth Circuit · 1934
- Inter-State Business Men's Accident Ass'n v. GreeneSupreme Court of Arkansas · 1918
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