Legal Opinion

Germania Insurance v. Bromwell

Supreme Court of Arkansas

Decided February 8, 1896PublishedCited by 8 opinions

Appeal from Phillips Circuit Court. Grant Green, Jr., Judge. STATEMENT BY THE COURT. This was an action upon an insurance policy issued to C. E). Bromwell by the Germania Pire Insurance Company. The amount of the policy was $500, apportioned as follows: $300 on stock of merchandise and $200 on furniture, household goods, etc. The insurance company admitted its liability for the loss of the furniture and household goods, but denied that it was liable for the merchandise.

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Appeal from Phillips Circuit Court. Grant Green, Jr., Judge. STATEMENT BY THE COURT. This was an action upon an insurance policy issued to C. E). Bromwell by the Germania Pire Insurance Company. The amount of the policy was $500, apportioned as follows: $300 on stock of merchandise and $200 on furniture, household goods, etc. The insurance company admitted its liability for the loss of the furniture and household goods, but denied that it was liable for the merchandise. The policy contained the usual “iron-safe clause,” the material portion of which, so far as it is necessary to consider…

1Opinion of the Court

Riddick, J.,

(after stating the facts.) It is admitted by Bromwell, the assured, that he did not comply with the provisions of the “iron-safe clause” in his policy. That clause required the assured to keep a set of books showing the changes taking place from time to time in the stock of goods insured. The reason of it is apparent, for without such books the amount of merchandise on hand at time of the fire could not be told. Similar provisions have been frequently held valid by this court. Southern Ins. Co. v. Parker, 61 Ark. 207, 32 S. W. 509; Western Assurance Co. v. Altheimer, 58 Ark. 575;…

2Cases cited10 opinions

  1. Thompson v. Insurance Co.Supreme Court of the United States · 1881
  2. Insurance Co. v. MowrySupreme Court of the United States · 1878
  3. German Insurance v. GibsonSupreme Court of Arkansas · 1890
  4. Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
  5. Washburn v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1873

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Security Mutual Insurance v. WoodsonSupreme Court of Arkansas · 1906
  2. Cohen v. Home Insurance Co.Superior Court of Delaware · 1918
  3. Inter-State Business Men's Accident Ass'n v. GreeneSupreme Court of Arkansas · 1918
  4. Veal v. Fire Ass'n of PhiladelphiaCourt of Appeals of Texas · 1930
  5. Capital Fire Insurance v. KaufmanSupreme Court of Arkansas · 1909

3 more not listed; retrieve them via the Exa API.

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