Phoenix Insurance v. Fleenor
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Calvin T. Cotham, Judge; STATEMENT BY THE COURT. This is a suit for $1,071.43, by appellee against the insurance company on a policy insuring her against fire loss on hotel and office furniture at the Southern Hotel at Hot Springs. It was alleged that the conditions of the policy were complied with, that a loss had occurred, and judgment prayed for said amount, with 12 per cent, penalty and an attorney’s fee.
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Appeal from Garland Circuit Court; Calvin T. Cotham, Judge; STATEMENT BY THE COURT. This is a suit for $1,071.43, by appellee against the insurance company on a policy insuring her against fire loss on hotel and office furniture at the Southern Hotel at Hot Springs. It was alleged that the conditions of the policy were complied with, that a loss had occurred, and judgment prayed for said amount, with 12 per cent, penalty and an attorney’s fee. The insurance company denied all liability on the policy, and claimed a forfeiture thereof on account of a violation by the insured of the conditions…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended, first, that the court erred in giving instruction numbered 1; and we do not agree with its correctness as an abstract proposition of law, for, while a partner has implied authority to dispose of the personal property of the firm, it is usually only when he makes the transfer in the course of trade and incidental to the regular business of the firm that it is binding upon all the partners in favor of a bona fi.de transferee. 30 Cyc. 495.
We think no prejudice resulted to appellant from the giving of this instruction, however, because the…
2Cases cited1 opinion
- Perry County Bank v. RankinSupreme Court of Arkansas · 1905
3Cited by18 opinions
- Aluminum Co. of America v. HenningSupreme Court of Arkansas · 1976
- R.J. "Bob" Jones Excavating Contractor, Inc. v. Firemen's Insurance Co. of Newark, New JerseySupreme Court of Arkansas · 1996
- NEW YORK UNDERWRITERS'FIRE INS. CO. v. Malham & Co.Court of Appeals for the Eighth Circuit · 1928
- FARM BUR. MUT. INC. CO. OF ARKANSAS v. ShawCourt of Appeals of Arkansas · 1980
- Petello v. Teutonia Fire InsuranceSupreme Court of Connecticut · 1915
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