Queen of Arkansas Insurance v. Malone
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lank-ford, Judge; 1. Laney was a mere soliciting agent. His declarations are not competent to prove agency. 80 Ark. 228; 93 Id. 600; 97 Id. 420. Special agents must act strictly within the limits of their powers. 81 Ark. 202. 2. The peremptory instruction should have been given.
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Appeal from Monroe Circuit Court; Eugene Lank-ford, Judge; 1. Laney was a mere soliciting agent. His declarations are not competent to prove agency. 80 Ark. 228; 93 Id. 600; 97 Id. 420. Special agents must act strictly within the limits of their powers. 81 Ark. 202. 2. The peremptory instruction should have been given. The hooks were not properly kept. 65 Ark. 336. A soliciting agent can not waive a forfeiture. 85 Ark. 337; 98 Id. 166; 38 S. E. 541; 5 So. 116. 3. The iron safe clause must he complied with. 91 Ark. 310; 83 Id. 126. 1. Proof of loss was waived. 53 Ark. 500; 83 Id. 129; 93 Id.…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Theodore Malone, was engaged in the mercantile business at Blackton, Monroe County, Arkansas, and obtained from defendant, Queen of Arkansas Insurance Company, a policy of fire insurance in the sum of $1,000 on his stock of goods. The policy was dated March 14, 1910, and was delivered to plaintiff two days later. The fire occurred on the night of May 31, 1910, and totally destroyed the property covered by the policy.
Plaintiff gave notes for the premium, one of wMch fell due June 2, 1910, and was forwarded for collection, reacMng the place of plaintiff’s residence and being…
2Cases cited6 opinions
- Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
- Queen of Arkansas Insurance v. ForlinesSupreme Court of Arkansas · 1910
- American Insurance v. HornbargerSupreme Court of Arkansas · 1908
- New Hampshire Fire Insurance v. BlakelySupreme Court of Arkansas · 1911
- Arkansas Mutual Fire Insurance v. WithamSupreme Court of Arkansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Beauchamp v. Retail Merchants Ass'nNorth Dakota Supreme Court · 1917
- Atlas Life Ins. v. UngerSupreme Court of Oklahoma · 1947
- Jack v. Craighead Rice Milling Co.Court of Appeals for the Eighth Circuit · 1948
- Connecticut Fire Insurance v. BoydstonSupreme Court of Arkansas · 1927
- Wallace v. RialesSupreme Court of Arkansas · 1950
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