Hope Spoke Co. v. Maryland Casualty Co.
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; The evidence that there was a custom or usage among insurance companies that where policies were obtained by brokers notices were sent to the broker was sufficient to go to the jury. Upon it the court would have been justified in instructing a verdict for the appellant. 3 Brewst.
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Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; The evidence that there was a custom or usage among insurance companies that where policies were obtained by brokers notices were sent to the broker was sufficient to go to the jury. Upon it the court would have been justified in instructing a verdict for the appellant. 3 Brewst. (Pa.) 452-456; 46 Ark. 210, 215; Id. 222, 226; 58 Ark. 565, 574; 85 Ark. 568. Having without objection permitted notice to be given to Carnes & Son, appellee is now estopped to deny their authority to receive it. 85 Me. 429; 83 Me. 100; 51 N. H. 287; 16…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellant, Hope Spoke Company, a concern engaged in operating a manufacturing plant at Hope, Arkansas, against the Maryland Casualty Company, to recover on a policy of employers’ liability insurance the amount of a loss sustained by reason of appellant’s liability for an injury to Homer E. Presley, one of its employees. Presley sued appellant, and recovered judgment for damages, and on appellee’s refusal to pay the judgment appellant paid it and instituted this action. The parties entered into a stipulation in the lower court to the effect that, in the event…
2Cases cited15 opinions
- McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Steele v. German InsuranceMichigan Supreme Court · 1892
- Kenton Insurance v. DownsCourt of Appeals of Kentucky · 1890
- Tubbs v. Dwelling-House InsuranceMichigan Supreme Court · 1891
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3Cited by59 opinions
- Houran, Admr. v. Preferred Acc. Ins. Co. of N.Y.Supreme Court of Vermont · 1938
- State Farm Mutual Automobile Insurance v. CassinelliNevada Supreme Court · 1950
- Jefferson Realty Co. v. Employers' Liability Assurance Corp.Court of Appeals of Kentucky · 1912
- State Automobile Insurance Co. v. Michael J. LawrenceCourt of Appeals for the Eighth Circuit · 2004
- Aetna Life Ins. Co. v. DavisSupreme Court of Arkansas · 1933
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