Aetna Insurance v. Short
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; J. I. Worthington, Judge; STATEMENT BY THE COURT. W. J. Short sued the i^etna Insurance Company to recover upon a policy of fire insurance issued by it upon a stock of goods. The material facts- are as follows: W. J. Short was a merchant at Heber Springs, Arkansas, dealing in hardware, queensware, furniture, farming implements, wagons and machinery.
Read the full summary
Appeal from Cleburne Circuit Court; J. I. Worthington, Judge; STATEMENT BY THE COURT. W. J. Short sued the i^etna Insurance Company to recover upon a policy of fire insurance issued by it upon a stock of goods. The material facts- are as follows: W. J. Short was a merchant at Heber Springs, Arkansas, dealing in hardware, queensware, furniture, farming implements, wagons and machinery. Originally he had something like $8,000 insurance on his stock, including the policy in question. J. B. Higgason was the agent of the Aetna Insurance Company at Heber Springs and was authorized to issue policies…
1Opinion of the Court
Hart, J.,
(after stating the facts). (1-2) At common law, contracts of insurance were not required to be in writing originally, and in the absence of any statutory prohibition a parol contract of that character will be valid. This is conceded to be the law by counsel for the defendant. The record, however, shows that if any verbal agreement was made, it was entered into between the parties a few days before the old policy expired. It is the contention of counsel for defendant that a parol contract of insurance, ip order to be enforceable, must not be executory but must take effect immediately…
2Cases cited6 opinions
- Hartford Fire Insurance v. WalshIllinois Supreme Court · 1870
- Aurora Fire & Marine Insurance v. KranichMichigan Supreme Court · 1877
- Cooksey v. Mutual Life InsuranceSupreme Court of Arkansas · 1904
- King v. CoxSupreme Court of Arkansas · 1896
- Brickey v. Continental Gin Co.Supreme Court of Arkansas · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Southern Farm Bureau Casualty Insurance Company v. United StatesCourt of Appeals for the Eighth Circuit · 1968
- ALLIANCE INS. CO., INC. v. ReynoldsSupreme Court of Alabama · 1986
- Automobile Insurance Co. of Hartford v. United Electric Service Co.Court of Appeals of Texas · 1955
- American Alliance Insurance v. PaulSupreme Court of Arkansas · 1927
- New Hampshire Fire Insurance v. WalkerSupreme Court of Arkansas · 1928
16 more not listed; retrieve them via the Exa API.