Southern Insurance v. Williams
Supreme Court of Arkansas
Appeal from Dee Circuit Court. Grant Green, Jr., Judge. STATEMENT BY THE COURT. Plaintiffs, J. A. Williams and W. A. Gage & Co., sued the defendant upon a fire insurance policy to recover for the loss of certain property embraced therein. The defense was that the policy had been cancelled before the fire. The policy was issued to Williams, and by him, on the 18th of November, 1893, assigned to W. A. Gage & Co., with the assent of the defendant company indorsed thereon.
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Appeal from Dee Circuit Court. Grant Green, Jr., Judge. STATEMENT BY THE COURT. Plaintiffs, J. A. Williams and W. A. Gage & Co., sued the defendant upon a fire insurance policy to recover for the loss of certain property embraced therein. The defense was that the policy had been cancelled before the fire. The policy was issued to Williams, and by him, on the 18th of November, 1893, assigned to W. A. Gage & Co., with the assent of the defendant company indorsed thereon. W. A. Gage & Co. paid half the premium, and the loss was made payable to them as their interest might appear. The policy…
1Opinion of the Court
Wood, J.,
(after stating the facts). Appellees, Gage & Co., were entitled to five days’ notice of cancellation. Recognizing this, the insurance company instructed its agent “to cancel" the policy, not that the policy was cancelled; showing that the cancellation of the policy was to be effected by their agent in the future. The letter of the agent, Johnston, to the holders of the policy, in which he says, speaking of the policy: “I want it mailed to Dawson, that he may take cancellation receipt, and forward to me; as soon as cancelled, I will refund to you your y5ro rata of premium paid,” —…
2Cases cited1 opinion
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
3Cited by11 opinions
- Phœnix Insurance v. StateSupreme Court of Arkansas · 1905
- Frontier-Pontiac, Inc. v. Dubuque Fire & Marine Ins. Co.Court of Appeals of Texas · 1942
- Chrisman & Sawyer Banking Co. v. Hartford Fire InsuranceMissouri Court of Appeals · 1898
- Ruston Drilling Co. v. United States Fidelity & Guaranty Co.Court of Appeals for the Eighth Circuit · 1936
- Farmers Mutual Fire Insurance v. HarrisCourt of Appeals of Georgia · 1934
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