Wilkerson v. Crescent Insurance
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District. 1 Felix G. Taylor, Judge. STATEMENT BY THE COURT, This action was brought by the Crescent Insurance Company against J. B. Wilkerson, as surety upon a bond given by S. L. Ingalls for the performance of his duties as agent of said company.
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Appeal from Craighead Circuit Court, Jonesboro District. 1 Felix G. Taylor, Judge. STATEMENT BY THE COURT, This action was brought by the Crescent Insurance Company against J. B. Wilkerson, as surety upon a bond given by S. L. Ingalls for the performance of his duties as agent of said company. One of the conditions of the bond was that the said S. L. Ingalls should properly account for and pay over and apply all sums of money which might be received by him as agent of said company. The defense set up by Wilkerson was that the insurance company had been negligent in securing and collecting the…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) '■ The question presented for our consideration is thus stated by counsel for appellant: “Can the appellee recover from the surety, after having had knowledge of the principal's delinquencies for about- three years, during which time the appellee failed to advise the surety that his principal was in default?” The answer to this question must be in the affirmative,| for the failure of the insurance company to notify the surety of such default does not, in our opinion, discharge the surety. To discharge the surety the act of the creditor must be injurious…
2Cases cited4 opinions
- Watertown Fire Insurance v. SimmonsMassachusetts Supreme Judicial Court · 1881
- Clark v. . SicklerNew York Court of Appeals · 1876
- Atlantic & Pacific Telegraph Co. v. BarnesNew York Court of Appeals · 1876
- Grisard v. HinsonSupreme Court of Arkansas · 1887
3Cited by6 opinions
- Chicago Crayon Co. v. RogersSupreme Court of Oklahoma · 1911
- Hartford Fire Ins. v. CaseyMissouri Court of Appeals · 1917
- Jones v. GainesSupreme Court of Arkansas · 1909
- Loeb v. German National BankSupreme Court of Arkansas · 1908
- Gazette Publishing Company v. StephensSupreme Court of Arkansas · 1940
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