Garetson-Greason Lumber Co. v. Home Life & Accident Co.
Supreme Court of Arkansas
Appeal from Dallas Circuit Court; Turner Butler, Judge; 1. The demurrer was improperly sustained. The grounds of demurrer urged were, (1) that the policy was an indemnity policy and the lumber company never paid the policy; (2) that the assignment of the policy was a violation of the terms of the policy; (3) the lumber company was insolvent and could not pay the policy; (4) that suit was not brought within ninety days.
Read the full summary
Appeal from Dallas Circuit Court; Turner Butler, Judge; 1. The demurrer was improperly sustained. The grounds of demurrer urged were, (1) that the policy was an indemnity policy and the lumber company never paid the policy; (2) that the assignment of the policy was a violation of the terms of the policy; (3) the lumber company was insolvent and could not pay the policy; (4) that suit was not brought within ninety days. These were all grounds of defense, not demurrer, and should have been pleaded. 97 Kans. 275; 155 Pac. 59-60, etc. 2. The surety company loaned the money to pay the judgment and…
1Opinion of the CourtHumphreys, J.
Garetson-Greason Lumber Company, for use of American Surety Company of New York, brought suit against the Home Life & Accident Company, of Fordyce, Arkansas, in the Dallas Circuit Court to recover $1,385 on an indemnity insurance policy issued by said Home Life & Accident Company to Garetson-Greason Lumber Company on the 31st day of May, 1912, insuring it against loss or expense resulting from legal liability for damages on account of bodily injury and accident suffered by any of its employees.
H. Goza was an employee of Garetson-Greason Lumber Company within the terms of the policy, and while…
2Cases cited4 opinions
- Maryland Casualty Co. v. Omaha Electric Light & Power Co.Court of Appeals for the Eighth Circuit · 1907
- McBride v. Aetna Life InsuranceSupreme Court of Arkansas · 1917
- Pacific Coast Casualty Co. v. General Bonding & Casualty Ins.Court of Appeals for the Ninth Circuit · 1917
- American Surety Co. v. Maryland Casualty Co.Supreme Court of Kansas · 1916
3Cited by8 opinions
- Fluor Corporation v. Super. Ct.California Supreme Court · 2015
- Gibbs v. Central Surety & InsuranceSupreme Court of Kansas · 1947
- Millard Gutter Co. v. Farm Bureau Prop. & Cas. Ins. Co.Nebraska Supreme Court · 2016
- Jack v. Craighead Rice Milling Co.Court of Appeals for the Eighth Circuit · 1948
- National Mutual Casualty Co. v. CypretSupreme Court of Arkansas · 1944
3 more not listed; retrieve them via the Exa API.