Neimeyer v. Claiborne
Supreme Court of Arkansas
Appeal from Garland Circuit Court; W. H. Bvans, Judge; statement by the court. Judgment by default was rendered against appellant on the following complaint: “Comes Mrs. M. A. Claiborne, in 'her own behalf and as administratrix of the estate of D. W. Claiborne, deceased, and by leave of the court first had and obtained, in lieu of and as a substitute for her amended complaint herein, states: That she is the widow of D. W. Claiborne, who departed this life on the first day of…
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Appeal from Garland Circuit Court; W. H. Bvans, Judge; statement by the court. Judgment by default was rendered against appellant on the following complaint: “Comes Mrs. M. A. Claiborne, in 'her own behalf and as administratrix of the estate of D. W. Claiborne, deceased, and by leave of the court first had and obtained, in lieu of and as a substitute for her amended complaint herein, states: That she is the widow of D. W. Claiborne, who departed this life on the first day of January, 1905, and that she was duly appointed by the probate court of Garland County administratrix of his- estate on…
1Opinion of the Court
Wood, J.,
(after stating the facts). First. One of the stipulations of the policy was: “If there'is or shall be other prior, concurrent or subsequent insurance (whether valid or not) on said property, or any part thereof, without the company’s written consent indorsed hereon, etc., this policy shall be held null and void.” Another provision was: “By the acceptance of this policy, the assured covenants that the application hereof and the bylaws on the back of this policy shall be and form a part hereof, and a warranty by the assured, and the company shall not be bound by any act or statement…
2Cases cited9 opinions
- Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
- Euper v. StateSupreme Court of Arkansas · 1907
- Arkansas Mutual Fire Insurance v. ClaiborneSupreme Court of Arkansas · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Thompson v. HickmanSupreme Court of Arkansas · 1924
- Clow v. WatsonSupreme Court of Arkansas · 1916
- Mutual Aid Union v. BlacknallSupreme Court of Arkansas · 1916
- Manhattan Credit Co. v. BondSupreme Court of Arkansas · 1954
- Boston Ins. v. HudsonCourt of Appeals for the Ninth Circuit · 1926