Harrower v. Insurance Co. of North America
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District; A. B. Priddy, Judge; The complaint stated a cause of action and the demurrer admits all its averments. The contract was partly performed, and defendants'were bound in law to fulfill and complete the same. The general agent at Dardanelle had the same right to make the contract that the home office had.
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Appeal from Yell Circuit Court, Dardanelle District; A. B. Priddy, Judge; The complaint stated a cause of action and the demurrer admits all its averments. The contract was partly performed, and defendants'were bound in law to fulfill and complete the same. The general agent at Dardanelle had the same right to make the contract that the home office had. The demurrer should have been overruled and defendants required to answer. 20 L. R. A. 289; 76 Ark. 183. Appellant constituted the general agent at Dardanelle her agent to keep the insurance in force and this is admitted by the demurrer. The…
1Opinion of the CourtMcCulloch, C. J.
Appellant instituted this action in the circuit court of Yell County, Dardanelle District, to recover on an alleged oral agreement between her and the two insurance companies sued, whereby the latter agreed to insure her property, consisting of a stock of merchandise and store fixtures, against loss or destruction by fire. The court sustained a demurrer to the complaint and rendered judgment dismissing the complaint, from which an appeal has been prosecuted.
It is alleged in the complaint that appellant entered into a contract with the said companies, acting through their general agent at…
2Cases cited6 opinions
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Moore v. State Ins.Supreme Court of Iowa · 1887
- Union Nat. Bank v. German Ins.Court of Appeals for the Seventh Circuit · 1896
- Izard v. Connecticut Fire InsuranceSupreme Court of Arkansas · 1917
- Commercial Mutual Accident Co. v. BatesIllinois Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- American Southern Trust Co. v. McKeeSupreme Court of Arkansas · 1927
- Dutton Dredge Co. v. United States Fidelity & Guaranty Co.California Court of Appeal · 1934
- Fireman's Fund Ins. Co. v. WilliamsMississippi Supreme Court · 1934
- Pacific Industries, Inc. v. Mountain Inn, Inc.District Court, W.D. Arkansas · 1964
- Metropolitan Life Insurance v. MintonSupreme Court of Arkansas · 1933
11 more not listed; retrieve them via the Exa API.