Travelers' Fire Insurance v. Globe Soap Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; As between the appellant and appellee, there was no mutuality of contract, since the identity of persons had not been disclosed to anyone except to McRae, who, as appears by his own testimony, had no authority to bind the appellee. 13 Cyc. 598; 16 Am. & Eng.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; As between the appellant and appellee, there was no mutuality of contract, since the identity of persons had not been disclosed to anyone except to McRae, who, as appears by his own testimony, had no authority to bind the appellee. 13 Cyc. 598; 16 Am. & Eng. Enc. of L.' (2 Ed.), 849; Ostrander on Fire Ins. 17. Where the offer comes from the company to insure, it is necessary that the policy be delivered to the insured and accepted by him before there is a contract of insurance. 41 Conn. 97. If there is merely a contract to insure,…
1Opinion of the CourtBattle, J.
This action was commenced by the Globe Soap Company against Travelers’ Fire Insurance Company on a policy of insurance against fire executed by the defendant to plaintiff and dated December 10, 1904, and in the sum of $1,000; the claim under the policy being for $4x0.26. The defendant denies liability under the policy, for the reason, as it claims, there was no contract of insurance at the time of the fire; which was on the 13th day of December, 1904, as the policy had not been delivered. The issues in the case were submitted to the court, sitting as a jury.- He found for the plaintiff in the…
2Cases cited2 opinions
- Phœnix Insurance v. StateSupreme Court of Arkansas · 1905
- Mutual Reserve Fund Life Ass'n v. FarmerSupreme Court of Arkansas · 1898
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