Sun Insurance v. Jones
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Joseph W. Martin, Judge. S. M. Jones & Co. sued the Sun Mutual Insurance Co. in the Pulaski circuit court on a policy of insurance for $2000, on a house and stock of goods which had been destroyed by fire at Riverside, Arkansas.
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APPEAL from Pulaski Circuit Court. Joseph W. Martin, Judge. S. M. Jones & Co. sued the Sun Mutual Insurance Co. in the Pulaski circuit court on a policy of insurance for $2000, on a house and stock of goods which had been destroyed by fire at Riverside, Arkansas. Defendant answered, alleging that, by the terms of the policy of insurance, it was stipulated as follows: “ The assured under this policy hereby covenants and agrees to keep a set of books, showing a complete record of all business transacted, including all purchases and sales, both for cash and credit, together with the last…
1Opinion of the CourtMansfield, J.
1. Insurance-Keeping books The only contention made by counsel for the appellant on the first ground of defense is that the store was not “actually open for business ” at the time of the fire. And it is argued that the book-keeper, who was last in charge of the store on the night it was burned, had left it locked and unoccupied, and it could not therefore have been at any later time open for business. But the facts as found by the court are, that the book-keeper, who was also a salesman, was engaged in writing up the record of the day’s business, a duty which the policy itself enjoined, when,…
2Cases cited5 opinions
- Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
- Ellis v. Council Bluffs InsuranceSupreme Court of Iowa · 1884
- Barber v. F. & M. Insurance Co. of WheelingWest Virginia Supreme Court · 1880
- Turley v. North American Fire InsuranceNew York Supreme Court · 1841
3Cited by18 opinions
- Tucker v. Colonial Fire InsuranceWest Virginia Supreme Court · 1905
- Joffe v. Niagara Fire InsuranceCourt of Appeals of Maryland · 1911
- Southern Insurance v. WhiteSupreme Court of Arkansas · 1893
- Stewart v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1914
- Western Assurance Co. v. AltheimerSupreme Court of Arkansas · 1894
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