Monongahela Insurance v. Batson
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. The appellee sued the appellants on insurance policies issued by them respectively for the amounts alleged in the complaint.
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Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. The appellee sued the appellants on insurance policies issued by them respectively for the amounts alleged in the complaint. The appellee alleged that he had complied with the provisions of the policies on his part and that the loss occurred by fire on the property of the assured; that the appellants had each refused to pay the amounts covered by their respective policies; that demand had been made on appellants for same. Appellee therefore asks judgment against each of the appellants for the amounts covered…
1Opinion of the Court
Wood, J.,
(after stating the facts). Under the pleadings, the uncontradicted evidence and the instructions of the court, the only question for our determination on this appeal is whether or not the instrument set forth in the statement is a chattel mortgage, for if it is a chattel mortgage, under the terms of the policy, it renders the insurance contracts void, and the appellee was not entitled to recover, and the instructions given by the court were erroneous, and .the court erred in not giving the prayer for instructions on behalf of appellants. But on the other hand, if it is not a chattel…
2Cases cited8 opinions
- Hope Spoke Co. v. Maryland Casualty Co.Supreme Court of Arkansas · 1912
- Industrial Mutual Indemnity Co. v. HawkinsSupreme Court of Arkansas · 1910
- American Bonding Co. v. MorrowSupreme Court of Arkansas · 1906
- Brotherhood of Locomotive Firemen & Enginemen v. AdaySupreme Court of Arkansas · 1911
- Title Guaranty & Surety Co. v. Bank of FultonSupreme Court of Arkansas · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kinard v. Mutual Benefit Health & Accident Ass'n of Omaha, Neb.District Court, W.D. Arkansas · 1952
- Petello v. Teutonia Fire InsuranceSupreme Court of Connecticut · 1915
- National Union Fire Insurance v. AvantSupreme Court of Arkansas · 1925