Hartford Fire Insurance v. Enoch
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James S. Steel, Judge; statement by The court. This is a suit by appellee on a standard policy of fire insurance. The complaint alleged the issuance of the policy, the loss, a compliance by appellee with the requirements of the policy as to notice and proof of loss, and prayed for judgment in the sum of $1,250, the amount of the policy with interest.
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Appeal from Howard Circuit Court; James S. Steel, Judge; statement by The court. This is a suit by appellee on a standard policy of fire insurance. The complaint alleged the issuance of the policy, the loss, a compliance by appellee with the requirements of the policy as to notice and proof of loss, and prayed for judgment in the sum of $1,250, the amount of the policy with interest. Appellant answered, denying all material allegations, and set up “that the policy in suit provides, inter alia, that the entire policy shall be void and of no force if the interest of the insured be other than…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Appellant contends: 1. That this court decided on a former appeal that the policy in suit was void, and that its invalidity had not been waived, and that therefore its plea of res judicata should have been sustained.
In Robinson v. Thornton, 46 Pac. 79, it is held (quoting syllabus) that “where a judgment is reversed on appeal, and remanded for new trial, the holding of the appellate court on a question of fact, based on the evidence in the record, is not conclusive as to such question on a subsequent trial on new evidence.” “The rule of the law of the case…
2Cases cited24 opinions
- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
- Hartford Fire Insurance v. KeatingCourt of Appeals of Maryland · 1897
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
- Weed v. Hamburg—Bremen Fire InsuranceNew York Court of Appeals · 1892
19 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Old Republic Insurance Company v. AlexanderSupreme Court of Arkansas · 1969
- American Insurance v. HaynieSupreme Court of Arkansas · 1909
- Potter v. EasleySupreme Court of Arkansas · 1986
- United States Annuity & Life Insurance v. PeakSupreme Court of Arkansas · 1917
- Wilson v. WilsonSupreme Court of Arkansas · 1989
31 more not listed; retrieve them via the Exa API.