Planters' Mutual Insurance v. Southern Savings Fund & Loan Co.
Supreme Court of Arkansas
Appeal from Olay Circuit Court, Western District. Felix G. Taylor, Judge. The court erred in refusing to instruct the jury that the action by appellee company could not be maintained if the debt to it was not due at the commencement of the- suit. 17 Ark. 442; 21 Ark. 186; 21 Ark. 499; 42 Ark. 163. No subsequent act or occurence will cure the defect, if the suit is prematurely brought. 22 Ark. 572; 14 Ark. 427; 42 Ark. 163. The question as to whether a suit is prematurely…
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Appeal from Olay Circuit Court, Western District. Felix G. Taylor, Judge. The court erred in refusing to instruct the jury that the action by appellee company could not be maintained if the debt to it was not due at the commencement of the- suit. 17 Ark. 442; 21 Ark. 186; 21 Ark. 499; 42 Ark. 163. No subsequent act or occurence will cure the defect, if the suit is prematurely brought. 22 Ark. 572; 14 Ark. 427; 42 Ark. 163. The question as to whether a suit is prematurely brought may be raised either by demurrer or on trial, u’nder the general issue. 21 Ark. 186. The clause in the policy,…
1Opinion of the CourtBattle, J.
B. F. Nance and the Southern Savings Fund & Loan Company instituted an action against the Planters’ Mutual Insurance Association upon an insurance policy executed by the defendant to Nance on the 15th day of April, 1896, in which it insured a certain dwelling house of Nance for $1,500 against fire for the term of three years. They alleged in their complaint that Nance, on the 9th of June, 1896, executed to Charles B. Stark, trustee for the Southern Savings Fund & Loan Company, a mortgage on the property upon which the dwelling house was located; that the defendant, on the 2d day of May, 1896,…
2Cases cited7 opinions
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- The Buffalo Steam Engine Works v. . the Sun Mut. Ins. Co.New York Court of Appeals · 1858
- Davis v. German American InsuranceMassachusetts Supreme Judicial Court · 1883
- Illinois Mutual Fire Insurance v. FixIllinois Supreme Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Prick v. Millers National InsuranceSupreme Court of Missouri · 1919
- Fulmer v. East Arkansas Abstract & Loan Co.Supreme Court of Arkansas · 1927
- Toups Marine Transport, Inc. v. Zurich InsuranceDistrict Court, E.D. Louisiana · 1986