Queen of Arkansas Insurance v. Bramlett
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; John W. Meeks, Judge; Appellee having sued for a greater amount than he was entitled to recover as appears by the verdict, he was not entitled to recover the penalty and an attorney’s fee, and a bill of exceptions, is not necessary to bring this question before the court. 93 Ark. 84-5, and cases cited; 92 Ark. 378. The penalty and attorney’s fee were properly allowed. Authorities relied upon by appellant have no application to this case.
1Opinion of the CourtFrauenthal, J.
This was an action seeking recovery on a fire insurance policy issued by appellant to appellee covering a dwelling house which it was alleged was totally destroyed by fire during the life of the policy. The suit was instituted to recover $400, the amount of the policy. The appellant filed an answer, in which it denied liability for any amount, and resisted recovery because of the alleged violation by appellee of some warranties in the policy. Subsequently, appellant filed an amended answer in which it pleaded as a set-off a note executed by appellee to it for the sum of twenty-seven dollars.…
2Cases cited3 opinions
- Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
- Queen of Arkansas Insurance v. MilhamSupreme Court of Arkansas · 1912
- Industrial Mutual Indemnity Co. v. ArmstrongSupreme Court of Arkansas · 1910
3Cited by7 opinions
- New York Life Insurance v. AdamsSupreme Court of Arkansas · 1921
- Great Southern Fire Insurance v. Burns & BillingtonSupreme Court of Arkansas · 1915
- Life & Casualty Co. v. SandersSupreme Court of Arkansas · 1927
- Home Life & Accident Co. v. ScheuerSupreme Court of Arkansas · 1924
- Fulmer v. East Arkansas Abstract & Loan Co.Supreme Court of Arkansas · 1927
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