Beavers v. Security Mutual Insurance
Supreme Court of Arkansas
Appeal from Yell Circuit Court. William L. Moose, Judge. ' statement by the court. This is an action to recover upon a fire insurance policy issued by the Security Mutual Insurance Company to appellant in the sum of $1500 on his stock of merchandise in a store house at Greenville, Ark. The jury returned a verdict in favor of the defendant, and the plaintiff appealed.
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Appeal from Yell Circuit Court. William L. Moose, Judge. ' statement by the court. This is an action to recover upon a fire insurance policy issued by the Security Mutual Insurance Company to appellant in the sum of $1500 on his stock of merchandise in a store house at Greenville, Ark. The jury returned a verdict in favor of the defendant, and the plaintiff appealed. The policy was issued September 24, 1901, and the property was destroyed by fire on the night of February 13, 1902. The suit is for the full amount of the policy, and performance on the part of the plaintiff of the requirements…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) 1. The court erred in instructing the jury that if plaintiff “removed his property or any part of it from the building before the fire, except in the usual course of selling goods, this would be a fraud on defendant,” and would discharge the defendant from liability under the policy. This is not the law. There is no stipulation in the policy preventing the insured from reducing the amount of his stock of goods in any manner that he saw fit. The only stipulation in this regard found in the policy is that the company “shall not be liable beyond…
2Cases cited4 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Mickey v. Burlington Ins.Supreme Court of Iowa · 1872
- German-American Insurance v. BrownSupreme Court of Arkansas · 1905
- Phenix Insurance v. SullivanSupreme Court of Kansas · 1888
3Cited by6 opinions
- Mechanics' Insurance v. Inter-Southern Life InsuranceSupreme Court of Arkansas · 1931
- Orient Insurance v. CoxSupreme Court of Arkansas · 1951
- Farmers Union Mutual Insurance Company v. JordanSupreme Court of Arkansas · 1940
- Messler v. Williamsburg City F. Ins. Co.Supreme Court of Rhode Island · 1920
- Benson v. Firemen's Insurance Co. of New JerseySupreme Court of Arkansas · 1921
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