King v. Cox
Supreme Court of Arkansas
Appeal from Boone Circuit Court. Brice B. Hudgins, Judge. STATEMENT BY THE COURT. The appellees recovered judgment, in a suit brought by them against the appellants, upon' a parol contract to renew a policy of insurance against loss by fire. The policy was not in fact issued in accordance with the agreement for renewal, and the property insured was consumed by fire.
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Appeal from Boone Circuit Court. Brice B. Hudgins, Judge. STATEMENT BY THE COURT. The appellees recovered judgment, in a suit brought by them against the appellants, upon' a parol contract to renew a policy of insurance against loss by fire. The policy was not in fact issued in accordance with the agreement for renewal, and the property insured was consumed by fire. To reverse the judgment against them, King Brothers and the insurance company have brought the case here by appeal. The policy to be renewed, as we understand, expired the 27th day of December, 1892, and was numbered 31,162. Cox &…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) The policy w]1ic]1 was to be renewed according to the parol contract was, of course, to be upon the same terms and conditions as the one that expired on the 27th day of December, 1892, numbered 31,162. It is contended by counsel for appellant that the oral agreement to renew the policy was invalid; that the contract, to be binding, should have been in writing. But in this, we think, the counsel are mistaken. An oral contract for insurance is not within the statute of frauds, and if supported by a valuable consideration, and free from fraud, and made by…
2Cases cited10 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Austin Fire Ins. Co. v. Adams-Childers Co.Texas Commission of Appeals · 1923
- Leigh Winham, Inc. v. Reynolds Insurance AgencySupreme Court of Arkansas · 1983
- Southern Farm Bureau Casualty Insurance Company v. United StatesCourt of Appeals for the Eighth Circuit · 1968
- Benner v. Fire Ass'nSupreme Court of Pennsylvania · 1910
- Aetna Insurance v. ShortSupreme Court of Arkansas · 1916
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