Queen of Arkansas Insurance v. Milham
Supreme Court of Arkansas
Appeal from Grant Circuit Court; W. H. Evans, Judge; The court erred in allowing the penalty and attorney’s fee. 93 Ark. 84; 92 Id. 378; 94 Id. 578. A motion for a new trial was unnecessary; the error appears upon the face of the judgment. 57 Ark. 370; 61 Id. 33. 1. There is no bill of exceptions. 37 Ark. 37; 38 Id. 216; 39 Id. 558; 42 Id. 488; 52 Id. 554; 95 Id. 332. 2. Appellant contested the claim, and never made any offer to confess judgmént for the amount due. 94 Ark.…
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Appeal from Grant Circuit Court; W. H. Evans, Judge; The court erred in allowing the penalty and attorney’s fee. 93 Ark. 84; 92 Id. 378; 94 Id. 578. A motion for a new trial was unnecessary; the error appears upon the face of the judgment. 57 Ark. 370; 61 Id. 33. 1. There is no bill of exceptions. 37 Ark. 37; 38 Id. 216; 39 Id. 558; 42 Id. 488; 52 Id. 554; 95 Id. 332. 2. Appellant contested the claim, and never made any offer to confess judgmént for the amount due. 94 Ark. 578; 86 Id. 115.’
1Opinion of the CourtHart, J.
Appellee had his stock of goods insured by the appellant for $500. On June 2,1910, while the policy was still in force, the goods were destroyed by fire. Appellee made the necessary proofs of loss, and forwarded them to appellant; appellant’s adjuster, after making the necessary investigation, agreed to pay the appellee the sum of $423.36 in settlement of the loss. Subsequently appellee made demand upon the appellant for the payment'of'this sum, and, upon refusal of the appellant to pay the same, instituted this action to recover it.
Appellant answered; denying that it owed appellee the amount…
2Cases cited3 opinions
- Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
- Home Fire Insurance v. StancellSupreme Court of Arkansas · 1910
- Industrial Mutual Indemnity Co. v. ArmstrongSupreme Court of Arkansas · 1910
3Cited by12 opinions
- Desoto Life Insurance Co. v. JeffettSupreme Court of Arkansas · 1946
- Trinity Universal Insurance Company v. Clyde H. SmithwickCourt of Appeals for the Eighth Circuit · 1955
- R.J. "Bob" Jones Excavating Contractor, Inc. v. Firemen's Insurance Co. of Newark, New JerseySupreme Court of Arkansas · 1996
- National Fire Insurance v. KightSupreme Court of Arkansas · 1932
- Great Southern Fire Insurance v. Burns & BillingtonSupreme Court of Arkansas · 1915
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