Robinson v. Insurance Co.
Supreme Court of Arkansas
APPEAL from Faulkner Circuit Court. J. W. Martin, Judge. The note was null and void for want of consideration. The policy was void by its own terms after Dec. 1, 1885, and appellee not being bound in case of loss, appellant was not bound.
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APPEAL from Faulkner Circuit Court. J. W. Martin, Judge. The note was null and void for want of consideration. The policy was void by its own terms after Dec. 1, 1885, and appellee not being bound in case of loss, appellant was not bound. The application, note and policy all constitute one contract (7 N. W. Rep., 139), and the question is, What is. the contract? In a similar case the policy was held void, and the risk being ended thát there was no liability for the deferred premium. 41 Mich., 385. Robinson’s testimony should not have been excluded. 27 Ark., 328; 25 Id., 380; 15 Id., 543; 4…
1Opinion of the CourtHemingway, J.
The plaintiff, appellee here, sued defendant, the appellant here, on a note dated January 30 and due Dec. 1st, 1885.
The note recites that it was given in payment of premium on an insurance policy, and that if it is not paid at maturity, the policy shall then cease and determine, and be null and void, and so remain until the same shall be fully paid.
The defendant answers that he paid as a premium $41.50 cash for the protection of his property until Dec. 1st, 1885, the day the note matured; that he gave the note in payment of premium from Dec. 1st, 1885, until Feb. 1st, 1890. That by the terms…
2Cases cited3 opinions
- Williams v. Albany City InsuranceMichigan Supreme Court · 1870
- American Insurance v. StoyMichigan Supreme Court · 1879
- American Insurance v. HenleyIndiana Supreme Court · 1878
3Cited by8 opinions
- Germania Insurance v. BromwellSupreme Court of Arkansas · 1896
- American Insurance Company v. AustinSupreme Court of Arkansas · 1928
- German American Insurance v. DivilbissMissouri Court of Appeals · 1896
- Home Ins. Co. v. McFarlandMississippi Supreme Court · 1926
- Cartwright v. DennisSupreme Court of Arkansas · 1924
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