E. O. Barnett Bros. v. Western Assurance Co.
Supreme Court of Arkansas
Appeal from Hot Spring Chancery Court; J. P. Henderson, Chancellor; 1. The court erred in holding that the judgments and other proceedings referred to hy cousel in his answer shows an adjudication of the relief asked in our complaint; in other words, erred in sustaining the plea of res judicata hy the insurance company. The proceedings previously had proves that there was no good insurance on the property, and nothing has ever been paid for the loss.
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Appeal from Hot Spring Chancery Court; J. P. Henderson, Chancellor; 1. The court erred in holding that the judgments and other proceedings referred to hy cousel in his answer shows an adjudication of the relief asked in our complaint; in other words, erred in sustaining the plea of res judicata hy the insurance company. The proceedings previously had proves that there was no good insurance on the property, and nothing has ever been paid for the loss. As the contract does not express the real and true intention of the parties at the time it was written, it should have been reformed as prayed…
1Opinion of the CourtWood, J.
This action was instituted by the appellant against the appellee in the Hot Spring Chancery Court.
The complaint, among other things, alleged that the appellee was a foreign insurance company doing business in the State of Arkansas; that, in consideration of the payment of $15 premium paid by appellant to the appellee, it issued to appellant a policy in the sum of $600, insuring a one-story frame building, which was then in process of construction, and afterward completed, on lots 3 and 4, in block 14 in Barnett’s Second Addition in Malvern, Arkansas; that a description of the premises was not…
2Cases cited8 opinions
- Sovereign Camp Woodmen of the World v. NewsomSupreme Court of Arkansas · 1920
- Robards v. BrownSupreme Court of Arkansas · 1883
- Jacoway v. DentonSupreme Court of Arkansas · 1869
- Parsel v. Barnes & Bro.Supreme Court of Arkansas · 1868
- Choctaw & Memphis Railroad v. SullivanSupreme Court of Arkansas · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Tedford v. Security State Fire Insurance Co.Supreme Court of Arkansas · 1955
- Bank Savings Life Insurance v. BakerSupreme Court of Kansas · 1926
- Aetna Casualty & Surety Co. of Hartford v. BrashearsSupreme Court of Arkansas · 1956
- Sphere Drake Insurance v. Bank of WilsonSupreme Court of Arkansas · 1993
- Hill v. American Book Co.Supreme Court of Arkansas · 1926
5 more not listed; retrieve them via the Exa API.