Harkey v. Mechanics' & Traders' Insurance
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District. Jeremiah G. Wallace, Judge. STATEMENT BY THE COURT. This was an action at law upon a fire insurance policy. The complaint stated, in substance, the following facts: The defendant insurance company, in consideration of a premium paid to it by the plaintiff, issued on the 30th day of Nov., 1892, a policy of insurance against loss or damage by fire upon the barn and dwelling house of plaintiff, for the term of three years.
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Appeal from Yell Circuit Court, Dardanelle District. Jeremiah G. Wallace, Judge. STATEMENT BY THE COURT. This was an action at law upon a fire insurance policy. The complaint stated, in substance, the following facts: The defendant insurance company, in consideration of a premium paid to it by the plaintiff, issued on the 30th day of Nov., 1892, a policy of insurance against loss or damage by fire upon the barn and dwelling house of plaintiff, for the term of three years. The amount of the policy was four hundred dollars on the barn, and one hundred and twenty-five on the dwelling. The barn…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The only question for us to determine is whether, under the facts as stated in the complaint, it was necessary for the plaintiff to return, or offer to return, the money received by him upon the compromise agreement, before commencing his action at law upon the policy of insurance.
The complaint alleges that one Miles, the agent of the company, claimed that the policy had-' been forfeited “in divers ways, and that plaintiff could not recover anything at law.” It also alleges that he stated to plaintiff that, if the offer of compromise was not accepted,…
2Cases cited3 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Home Insurance v. HowardIndiana Supreme Court · 1887
- Brown v. Hartford Fire InsuranceMassachusetts Supreme Judicial Court · 1875
3Cited by8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907
- Faye Hendrix Vickers, Individually and as Administratrix of the Estate of Arthur Ray Hendrix, Deceased v. Gifford-Hill & Company, Inc.Court of Appeals for the Eighth Circuit · 1976
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1904
- Pekin Cooperage Co. v. GibbsSupreme Court of Arkansas · 1914
- St. Paul Fire and Marine Insurance Company v. HundleyDistrict Court, E.D. Arkansas · 1973
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