Capital Fire Insurance v. Montgomery
Supreme Court of Arkansas
Appeal from White Circuit Court; Hance N. Hutton, Judge; 1.' The incumbrance on the property was specially pleaded in the answer. This was a breach of contract, to which appellee made no plea of waiver. Waiver must be both pleaded and proved, and the burden of proof is on the plaintiff. 3 Cooley, Briefs on Ins.-2768; id. 2773; 23 Ind. App. 121; 53 N. E. 787; 77 Am. St. Rep. 414; 7 B. Mon.
Read the full summary
Appeal from White Circuit Court; Hance N. Hutton, Judge; 1.' The incumbrance on the property was specially pleaded in the answer. This was a breach of contract, to which appellee made no plea of waiver. Waiver must be both pleaded and proved, and the burden of proof is on the plaintiff. 3 Cooley, Briefs on Ins.-2768; id. 2773; 23 Ind. App. 121; 53 N. E. 787; 77 Am. St. Rep. 414; 7 B. Mon. (Ky.) 470; 72 Ark. 52. And where waiver by an agent is alleged, the burden of proving the agency is also on the plaintiff. 3 Cooley, Briefs on Ins. 2774; 26 So. 655; 66 la. 466; 122 N. Y. 578; 24 O. St. 67.…
1Opinion of the CourtMcCulloch, J.
The plaintiff, J. N. Montgomery, instituted this action to recover of the defendant, the Capital Fire Insurance Company, the sum of $575 and interest thereon upon á fire insurance policy issued to him by the defendant on his dwelling house and furniture. The complaint contained the necessary averments as to ownership- of the property and its destruction by fire, the issuance of the policy and the furnishing of the proof of loss, and contained the further allegation that the defendant’s agent had, by fraud, deceit and duress practiced upon him, obtained from him the policy after the fire and…
2Cases cited5 opinions
- Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- State Mutual Insurance v. LatouretteSupreme Court of Arkansas · 1903
- German-American Insurance v. HarperSupreme Court of Arkansas · 1905
- Security Mutual Insurance v. WoodsonSupreme Court of Arkansas · 1906
3Cited by12 opinions
- Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908
- Mutual Aid Union v. BlacknallSupreme Court of Arkansas · 1917
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
- Millers Mutual Fire Insurance Co. of Tex. v. RussellSupreme Court of Arkansas · 1969
- Queen of Arkansas Insurance v. LasterSupreme Court of Arkansas · 1913
7 more not listed; retrieve them via the Exa API.