Fidelity-Phenix Fire Insurance v. Friedman
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. Leah Friedman was the owner of a four-story brick building in the city of Fort -Smith, Arkansas, and in February, 1914, the building was damaged -and partially destroyed by fire. Mrs. Friedman had policies in eight insurance -companies, including the Fidelity-Phenix Insurance Company.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. Leah Friedman was the owner of a four-story brick building in the city of Fort -Smith, Arkansas, and in February, 1914, the building was damaged -and partially destroyed by fire. Mrs. Friedman had policies in eight insurance -companies, including the Fidelity-Phenix Insurance Company. The New York Life Insurance Company was the holder of a mortgage upon the property and was protected from loss by the policies of -insurance. After the fire occurred -the .adjusters for all the different…
1Opinion of the Court
Hart, J.,
(after stating the facts). (1) It is first insisted by counsel for the defendant that the court erred dn refusing to continue the' case upon their motion. The record discloses that about ten days before the cases were set for trial Klingensmith, an -architect of the -city of Fort Smith, was employed by the defendants to -make an examination of the damaged building -and to prepare plans and specifications of what wa-s necessary to restore it to its original -condition, with an estimated .cost thereof. He performed 'this work, but when the ease wias called for trial, or a day before…
2Cases cited4 opinions
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. RainesSupreme Court of Arkansas · 1909
- Industrial Mutual Indemnity Co. v. ArmstrongSupreme Court of Arkansas · 1910
3Cited by16 opinions
- United Mine Workers v. Coronado Coal Co.Supreme Court of the United States · 1922
- Weeks v. Bareco Oil Co.Court of Appeals for the Seventh Circuit · 1941
- Campbell, Administrator v. HammondSupreme Court of Arkansas · 1941
- Arizona Title Insurance and Trust Co. v. PaceCourt of Appeals of Arizona · 1968
- NEW YORK UNDERWRITERS'FIRE INS. CO. v. Malham & Co.Court of Appeals for the Eighth Circuit · 1928
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