Railway Co. v. Fire Ass'n
Supreme Court of Arkansas
Appeal from Columbia Circuit Court. Charles W. Smith, Judge. 1. The assignment and pretended subrogation was made in this State, and neither corporation had complied with the act of April 4, 1887, and neither was authorized to do business in this State. 54 Am. Dec. 522; 31 N. J. 531; 95 Am.
Read the full summary
Appeal from Columbia Circuit Court. Charles W. Smith, Judge. 1. The assignment and pretended subrogation was made in this State, and neither corporation had complied with the act of April 4, 1887, and neither was authorized to do business in this State. 54 Am. Dec. 522; 31 N. J. 531; 95 Am. Dec. 529; 96 id. 331. 2. If appellee’s right does not depend upon the contract of assignment, but upon the equitable doctrine of subrogation, then the cause "should have been transferred to equity. 31 Ark. 411; 37 id. 186. 3. The Commercial Company had not complied with sec. 11, art. 12, const. 4. There is…
1Opinion of the CourtBattle, J.
This action was instituted by the Fire Association of Philadelphia and the Southwestern Commercial Company against the St. Bouis, Arkansas & Texas Railway Company for the recovery of damages incurred through the loss of cotton burned by fire on the first day of April, 1887, at Magnolia, Ark. The Fire Association of Philadelphia was a corporation organized and existing under the laws of Pennsylvania, and was engaged in insuring property against fire; and the Southwestern Commercial Company was a corporation of the State of Missouri, and was engaged in buying and selling cotton. The cotton…
2Cases cited5 opinions
- St. Clair v. CoxSupreme Court of the United States · 1882
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Pfeuffer v. MaltbyTexas Supreme Court · 1881
- Railway Co. v. Fire Ass'nSupreme Court of Arkansas · 1891
- Clements v. . YturriaNew York Court of Appeals · 1880
3Cited by17 opinions
- Griffin v. RhotonSupreme Court of Arkansas · 1907
- Cooper v. Ft. Smith & W. R. Co.Supreme Court of Oklahoma · 1909
- Alpena Portland Cement Co. v. Jenkins & Reynolds Co.Illinois Supreme Court · 1910
- State Mutual Fire Insurance v. Brinkley Stave & Heading Co.Supreme Court of Arkansas · 1895
- Rex Beach Pictures Co. v. Harry I. Garson ProductionsMichigan Supreme Court · 1920
12 more not listed; retrieve them via the Exa API.