Legal Opinion

Baxter County Bank v. Ozark Insurance

Supreme Court of Arkansas

Decided March 6, 1911PublishedCited by 4 opinions

Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; statement by trie court. T. M. Montgomery brought suit against the Ozark Insurance Company to recover upon a policy of fire insurance issued by it to 'him, and recovered judgment. He caused an execution to be issued against the Insurance Company, which was returned nulla bona. Subsequently Montgomery sold and transferred his judgment against the Insurance Company to the Baxter County Bank.

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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; statement by trie court. T. M. Montgomery brought suit against the Ozark Insurance Company to recover upon a policy of fire insurance issued by it to 'him, and recovered judgment. He caused an execution to be issued against the Insurance Company, which was returned nulla bona. Subsequently Montgomery sold and transferred his judgment against the Insurance Company to the Baxter County Bank. The present suit was instituted by the Baxter County Bank and T. M. Montgomery against the Insurance Company and the sureties on…

1Opinion of the Court

Hart, J.,

(after stating the facts). The judgment of T. M. Montgomery against the Ozark Insurance Company was regular on its face, and no evidence was introduced )by defendants to impeach it. “As a general rule, a judgment against an insurance company, if no fraud or collusion is shown, is evidence against the surety, in a bond executed by the company for the benefit of the policy holders.” Ingle v. Batesville Grocery Co., 89 Ark. 378.

The bond in this case is precisely similar in its terms to that in the case of Crawford, v. Ozark Insurance Co., 97 Ark. 549, and this case is ruled by it. It is…

2Cases cited2 opinions

  1. Crawford v. Ozark InsuranceSupreme Court of Arkansas · 1911
  2. Ingle v. Batesville Grocery Co.Supreme Court of Arkansas · 1909

3Cited by4 opinions

  1. Lake County v. Massachusetts Bonding & Insurance Co.Court of Appeals for the Fifth Circuit · 1935
  2. City of Bridgeport v. United States Fidelity & Guaranty Co.Supreme Court of Connecticut · 1926
  3. Ætna Casualty & Surety Co. v. HensleeSupreme Court of Arkansas · 1924
  4. State Ex Rel. Coan v. Plaza Equity Elevator Co.North Dakota Supreme Court · 1935

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