Queen of Arkansas Insurance v. Taylor
Supreme Court of Arkansas
Appeal from Ashley Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. The plaintiff brought an action against the insurance company and the sureties on its bond upon a policy of insurance issued upon his dwelling house in the sum of seven hundred dollars,' and its contents in the sum of one hundred dollars, claiming a total destruction of the house and sixty-four dollars, value of the contents, and asked judgment for seven hundred and sixty-four dollars, with…
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Appeal from Ashley Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. The plaintiff brought an action against the insurance company and the sureties on its bond upon a policy of insurance issued upon his dwelling house in the sum of seven hundred dollars,' and its contents in the sum of one hundred dollars, claiming a total destruction of the house and sixty-four dollars, value of the contents, and asked judgment for seven hundred and sixty-four dollars, with interest from the twenty-seventh day of August, and a penalty of twelve per cent, with reasonable attorneys’ fee to be taxed…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended, first, that appellee was not the sole owner of the property insured and not the owner of the fee of the land upon which the house was situated at the time of its issuance, and, having represented himself to be, that the policy was void by its terms, and the appellants not liable thereon.
It is true the policy did contain these provisions, but the agent of the company took appellee’s application for insurance, being informed at the time that he claimed title to the premises as a homestead entry, and understanding therefrom that the house was…
2Cases cited16 opinions
- Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
- Home Insurance Co. of New York v. MendenhallIllinois Supreme Court · 1897
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
- Allen v. Home Insurance Co.California Supreme Court · 1901
- Cross v. National Fire InsuranceNew York Court of Appeals · 1892
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3Cited by5 opinions
- National Union Fire Insurance v. WrightSupreme Court of Arkansas · 1924
- State Life Insurance v. FordSupreme Court of Arkansas · 1912
- Commercial Union Assur. Co., Ltd, of London v. JassCourt of Appeals for the Fifth Circuit · 1929
- Clarke v. John WanamakerSupreme Court of Arkansas · 1931
- Bohner v. FaughtSupreme Court of Arkansas · 1964