Phoenix Insurance v. Flemming
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. Hance N. Hutton, Judge. STATEMENT BY THE COURT. Action upon an insurance policy issued by the defendant, the Phoenix Insurance Company, upon a stock of merchandise owned by plaintiffs for the sum of $1,500. The presiding judge at the trial in the circuit court, among other instructions, gave to the jury the following, at the request of the plaintiff, to which the defendant objected: “3. And even if the agent did not have such notice, or…
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Appeal from Phillips Circuit Court. Hance N. Hutton, Judge. STATEMENT BY THE COURT. Action upon an insurance policy issued by the defendant, the Phoenix Insurance Company, upon a stock of merchandise owned by plaintiffs for the sum of $1,500. The presiding judge at the trial in the circuit court, among other instructions, gave to the jury the following, at the request of the plaintiff, to which the defendant objected: “3. And even if the agent did not have such notice, or give plaintiffs permission to keep these articles, still, if you find from the evidence introduced that, after the loss by…
1Opinion of the Court
Riddick J.,
(after stating the facts.) This is an action upon a fire insurance policy to recover the value of property insured which had been destroyed by fire. The property is described in the written portion of the policy as a “stock of merchandise, consisting of drugs, stationery, liquors, tobacco, toys, and fancy articles, paints, oils, chemicals and such other goods, not more hazardous, such as is usually kept for sale in a drug store.” The printed portion of the policy stipulated that the policy should be void if benzine or fir.eworks were kept, unless by agreement indorsed on the…
2Cases cited9 opinions
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Armstrong v. Agricultural InsuranceNew York Court of Appeals · 1892
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. PritchettSupreme Court of Arkansas · 1898
- Hartford Fire Insurance v. EnochSupreme Court of Arkansas · 1906
- Sullivan v. Mercantile Town Mut. Ins. Co.Supreme Court of Oklahoma · 1908
- Mutual Aid Union v. BlacknallSupreme Court of Arkansas · 1917
- Bussell v. Missouri Pacific Railroad Co.Supreme Court of Arkansas · 1964
19 more not listed; retrieve them via the Exa API.