Ingle v. Batesville Grocery Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Daniel Hon, -Judge; 1. There was no right to recover under the bond sued on until the terms and conditions thereof had been broken by the Insurance Company. ■ Sandels & Hill’s Digest, § 4133. Certified copies of the proceedings and judgment of the Marion Circuit Court against the Ozark Insurance Company in an action against it by the appellee, these appellants not being made parties to that suit, were not sufficient to establish the…
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Appeal from Sebastian Circuit Court; Daniel Hon, -Judge; 1. There was no right to recover under the bond sued on until the terms and conditions thereof had been broken by the Insurance Company. ■ Sandels & Hill’s Digest, § 4133. Certified copies of the proceedings and judgment of the Marion Circuit Court against the Ozark Insurance Company in an action against it by the appellee, these appellants not being made parties to that suit, were not sufficient to establish the -liability of appellants, without further proof ■that the property had been destroyed by fire and that the assured had kept…
1Opinion of the Court
Brackwood, Special Judge.
The plaintiff i.n the court below brought suit in the Marion Circuit Court against the Ozark Insurance Company on a policy issued March 30, 1904, for loss of $x,ooo on stock of goods, and $200 on the building, and recovered judgment for the full amount sued for. The bondsmen were not joined in this suit, neither was there any allegation that the company had failed to promptly collect or pay over all assessments to the policy holders. The insurance company answered and appealed at the first trial, where judgment was entered'against it, and afterward a new trial was…
2Cases cited4 opinions
- Bridgeport Fire & Marine Insurance v. WilsonNew York Court of Appeals · 1866
- People ex rel. Norris v. MersereauMichigan Supreme Court · 1889
- Stephens v. ShaferWisconsin Supreme Court · 1879
- Block v. Valley Mutual InsuranceSupreme Court of Arkansas · 1889
3Cited by8 opinions
- American Insurance v. HaynieSupreme Court of Arkansas · 1909
- Mutual Relief Association v. RaySupreme Court of Arkansas · 1927
- City of Bridgeport v. United States Fidelity & Guaranty Co.Supreme Court of Connecticut · 1926
- Summers v. ColeSupreme Court of Arkansas · 1920
- Baxter County Bank v. Ozark InsuranceSupreme Court of Arkansas · 1911
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