Yates v. Thomason
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court; A. B. Shafer, Special Judge; 1. The verdict is contrary to the evidence and should be reversed for failing to comply with the “Proof of Toss” clause.
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Appeal from Mississippi Circuit Court; A. B. Shafer, Special Judge; 1. The verdict is contrary to the evidence and should be reversed for failing to comply with the “Proof of Toss” clause. No proof of waiver is shown. 2. It was error to modify the third request of appellant. 65 Ark. 240-249; 64 Id. 590-596; 35 Md. 101; 64 Ark. 596. 3. It was also error to refuse to instruct, as asked in appel- , lant’s fifth request, as to violation of the iron-safe clause. 61 Ark. 207. 1. The verdict is amply sustained by the evidence, and there was no error in the court’s charge. 2. The proof of loss was…
1Opinion of the CourtPIiEE, C. J.
This is an action on an insurance policy brought by G. W. Thomason as assignee of V. V. Bertt against the People’s Fire Insurance Company. After judgment against the insurance company in the circuit court, it appealed, and F. B. Yates as receiver has been substituted as appellant. Many questions were raised in the lower oourt and preserved in the motion for new trial; but all of them have been abandoned except four, which will be discussed seriatim.
1. It is argued that the evidence shows that the recovery should have been for less than the full face of the policy, owing to the three-fourths…
2Cases cited3 opinions
- Arkansas Mutual Fire Insurance v. WoolvertonSupreme Court of Arkansas · 1907
- Greenwich Insurance v. StateSupreme Court of Arkansas · 1905
- People's Fire Insurance v. GorhamSupreme Court of Arkansas · 1906
3Cited by7 opinions
- Queen of Arkansas Insurance v. ForlinesSupreme Court of Arkansas · 1910
- German American Ins. Co. v. FullerSupreme Court of Oklahoma · 1910
- NEW YORK UNDERWRITERS'FIRE INS. CO. v. Malham & Co.Court of Appeals for the Eighth Circuit · 1928
- Queen of Arkansas Insurance v. LasterSupreme Court of Arkansas · 1913
- Great American Ins. Co. v. HarringtonSupreme Court of Oklahoma · 1927
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