Burlington Insurance v. Threlkeld
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. The agency of Sumpter & Son had been revoked, and their permission did not bind the company. 54 Ark. 78; 50 111. 419 ; 36 Barb. N. Y. 372. The removal of the property without the consent of the company rendered the policy inoperative. 29 N. Y. D. 1013 ; 10 R. I. 74; 73 111. 166 ; 53 Iowa 236 ; 1 Wood, Ins. 113, 116; 62 Tex. 461 ; 7 Am. & Eng. Enc. Daw, 1005, note 4; 48 Mo.
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Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. The agency of Sumpter & Son had been revoked, and their permission did not bind the company. 54 Ark. 78; 50 111. 419 ; 36 Barb. N. Y. 372. The removal of the property without the consent of the company rendered the policy inoperative. 29 N. Y. D. 1013 ; 10 R. I. 74; 73 111. 166 ; 53 Iowa 236 ; 1 Wood, Ins. 113, 116; 62 Tex. 461 ; 7 Am. & Eng. Enc. Daw, 1005, note 4; 48 Mo. App. 186. Mere knowledge of the company that the property has been removed does not operate as a waiver. 55 Mich. 273. Persons dealing with an agent are bound…
1Opinion of the CourtBattle, J.
This action was brought by R. 'C. Threlkeld against the Burlington Insurance Company, on a policy of insurance against fire, executed by the defendant to the plaintiff. The property insured was goods and chattels, such as beds and bedding, and was, at the time of the issuing of the policy* in a house occupied by the plaintiff, and known as the “Missouri House;” and by the terms of the policy was to continue insured on condition it remained in that house, but not exceeding one year. After the delivery of the policy on the 4th of October, 1892, John J. Sumpter & Son, acting as agents of the…
2Cases cited4 opinions
- Oregon Steamship Co. v. . OtisNew York Court of Appeals · 1885
- Commercial Union Assurance Co. v. State ex rel. SmithIndiana Supreme Court · 1888
- Insurance Company v. McCainSupreme Court of the United States · 1878
- Tier v. LampsonSupreme Court of Vermont · 1862
3Cited by11 opinions
- Swink & Co. v. Carroll McEntee & McGinley, Inc.Supreme Court of Arkansas · 1979
- Southern Engine & Boiler Works v. VaughanSupreme Court of Arkansas · 1911
- Hall v. Union Indemnity Co.Court of Appeals for the Eighth Circuit · 1932
- Click v. SampleSupreme Court of Arkansas · 1904
- Merchants' Exchange Co. v. SandersSupreme Court of Arkansas · 1905
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