Queen of Arkansas Insurance v. Cooper-Cryer Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; 1. Placing the most favorable construction upon the testimony introduced by plaintiff, the Shaws were in arrears when the fire occurred. The conditions in the note were a part of the policy, and a breach of its conditions was a breach of the conditions of' . the policy. 93 S. W. (Ark.), 752; Vance on Ins. 237. There was no substantial compliance with the clause with reference to keeping a set of books.
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Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; 1. Placing the most favorable construction upon the testimony introduced by plaintiff, the Shaws were in arrears when the fire occurred. The conditions in the note were a part of the policy, and a breach of its conditions was a breach of the conditions of' . the policy. 93 S. W. (Ark.), 752; Vance on Ins. 237. There was no substantial compliance with the clause with reference to keeping a set of books. Such a set of books should be kept as will show from the inventory and cash sales the specific goods sold, in order to arrive at…
1Opinion of the CourtHire, C. J.
This was an action on a fire insurance policy issued to B. G. Shaw, by him alleged to have been transferred to George Shaw, and after fire destroyed the property insured, a stock of goods, assigned by George Shaw to appellee. After judgment against the insurance company, it appealed.
1. The insurance company took a premium note, which was past due when the fire occurred, and it contained the usual stipulation .that the insurance should cease if note became overdue. Appellee relied upon waivers of various clauses of the policy and claimed an extension of the note, and these questions went to…
2Cases cited3 opinions
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- Fidelity Mutual Life Insurance v. BussellSupreme Court of Arkansas · 1905
- German-American Insurance v. HarperSupreme Court of Arkansas · 1905
3Cited by2 opinions
- Industrial Mutual Indemnity Co. v. ThompsonSupreme Court of Arkansas · 1907
- Hutchins v. Globe Life InsuranceSupreme Court of Arkansas · 1916