German-American Insurance v. Brown
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. Jeptha H. Evans, Judge. statement by the court. Appellee, J. R. Brown, as surviving partner of the firm of McKibben & Brown, composed of appellee and F. R. McKibben, deceased, brought separate suits against appellants upon policies of insurance issued by each in the sum of $2,000 upon a stock of merchandise situated at Duncan, Ind. Ter.
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Appeal from Crawford Circuit Court. Jeptha H. Evans, Judge. statement by the court. Appellee, J. R. Brown, as surviving partner of the firm of McKibben & Brown, composed of appellee and F. R. McKibben, deceased, brought separate suits against appellants upon policies of insurance issued by each in the sum of $2,000 upon a stock of merchandise situated at Duncan, Ind. Ter. The two cases .were tried together, the pleadings and proof being the same in each case, and a verdict was returned in favor of the plaintiff against each of the defendants for the full amount of each policy with interest.…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) 1. It is urged by-appellants that the court erred in permitting appellee to introduce in evidence letters and telegrams addressed by McKibben while in St. Paul to Brown. These communications all related to the negotiations and purchase of the goods, and the only objectionable features thereof were expressions of McKibben’s opinion concerning the condition and value of the goods.- This testimony was competent for the purpose of showing Brown’s good faith in fixing the value of the goods in the proof of the loss. He stands charged with false swearing in…
2Cases cited5 opinions
- Standard Life & Accident Insurance v. SchmaltzSupreme Court of Arkansas · 1899
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- Reynolds v. StateNebraska Supreme Court · 1889
- Klein v. German National BankSupreme Court of Arkansas · 1901
- Fillmore v. Union Pacific RailroadWyoming Supreme Court · 1879
3Cited by14 opinions
- Bearden v. J.R. Grobmyer Lumber Co.Supreme Court of Arkansas · 1998
- Equitable Surety Co. v. Bank of HazenSupreme Court of Arkansas · 1915
- American Equitable Assurance Co. of New York v. ShowersSupreme Court of Arkansas · 1938
- Beavers v. Security Mutual InsuranceSupreme Court of Arkansas · 1905
- Eaves v. LambSupreme Court of Arkansas · 1946
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