American Insurance v. Dillahunty
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court; Prank Smith, Judge; 1. By the terms of the policy the application is expressly made a part of the contract. Therein the item of $500 on grain and hay is set out. It is a valid policy for $1,300 insurance, and there is no failure, of consideration for the note.
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Appeal from Mississippi Circuit Court; Prank Smith, Judge; 1. By the terms of the policy the application is expressly made a part of the contract. Therein the item of $500 on grain and hay is set out. It is a valid policy for $1,300 insurance, and there is no failure, of consideration for the note. The contract was complete when the policy was accepted. 66 Ark. 621; 13 Ark. 462; 61 Ark. 1. This court holds the application to be a part of the contract. 67 Ark. 584; 74 Ark. 1; 72 Ark. 620. 2. Appellee must be held to have accepted the policy. There is no proof that he ever refused to accept the…
1Opinion of the CourtMcCurroch, C. J.
This is an action instituted by appellant insurance company to recover from appellee the amount of two promissory notes executed by the latter for the premium on a policy of fire insurance issued to him by the company on his property. The written application, which by the terms of the policy formed a part thereof, called for insurance for a term of three years in the sum of $1,300 — $500 on household goods and $300 on commissary stock and $500 on hay and grain. The policy, when issued and delivered to appellee, stated in general terms that it was for insurance in the sum of $1,300, but in…
2Cited by3 opinions
- Ribble v. RobertsCourt of Appeals of Texas · 1915
- Gray v. BlackwoodSupreme Court of Arkansas · 1914
- Planters Fire Insurance v. FordSupreme Court of Arkansas · 1913