Phœnix Insurance v. Public Parks Amusement Co.
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Duefie, Judge. The Public Parks Amusement Company was not the unconditional and exclusive owner of the property, and the policy was void. 123 Ind. 172; 70 Md. 538; 34 Pac. 140; 86 N. Y. 423; 57 How. Pr. 222; 5 Bush, 186; 61 N. W. 722. A conditional sale passes no title until the conditions are performed. 47 Ark. 363; 48 id. 160; ib. 273; 49 id. 63; 52 id. 164; 54 id. 478. The repre-rentations and stipulations were material.
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Appeal from Garland Circuit Court. Alexander M. Duefie, Judge. The Public Parks Amusement Company was not the unconditional and exclusive owner of the property, and the policy was void. 123 Ind. 172; 70 Md. 538; 34 Pac. 140; 86 N. Y. 423; 57 How. Pr. 222; 5 Bush, 186; 61 N. W. 722. A conditional sale passes no title until the conditions are performed. 47 Ark. 363; 48 id. 160; ib. 273; 49 id. 63; 52 id. 164; 54 id. 478. The repre-rentations and stipulations were material. They were warranties. Cases sufra. The fact that a bond was given in the suit of the Bmbree-McBean Carriage-Company does…
1Opinion of the CourtBattle, J.
The Public Parks Amusement Company and Edward Butler sued the Phoenix Insurance Company on a policy of insurance. The pleading's in the action, so far as it is necessary to set them out in this opinion, are as follows : It is alleg-ed in the complaint that the Public Parks Amusement Company was a corporation, and on the 14th day of November, 1891, was engaged in the general livery business in the city of Hot' Springs, in this state, and was the owner of forty horses, of hacks, carriages, buggies, carts, wagons, and. other property, which were used in their livery business. On the-12th of…
2Cases cited19 opinions
- Insurance Companies v. WeidesSupreme Court of the United States · 1872
- Havens v. Home InsuranceIndiana Supreme Court · 1887
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
- Brown v. Commercial Fire InsuranceSupreme Court of Alabama · 1888
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3Cited by39 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
- Old Republic Insurance Company v. AlexanderSupreme Court of Arkansas · 1969
- Boatner v. Providence-Washington Ins. Co.Texas Commission of Appeals · 1922
- Goorberg v. the Western Assurance Co.California Supreme Court · 1907
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