Fidelity & Casualty Co. v. Fordyce
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division. Joseph W. Martin, Judge. 1. This is merely an indemnity policy, and, the company having paid nothing, there is no liability. 50 N. W. Rep. 496; 48 id. 123; ib. 126; 6 Hill, 324; 1 Const. 550; 59 N. W. Rep. 1054; 144 N. Y. 182; 30 Wis. 68. Actual damage must be shown. 17 So.
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Appeal from Pulaski Circuit Court, Second Division. Joseph W. Martin, Judge. 1. This is merely an indemnity policy, and, the company having paid nothing, there is no liability. 50 N. W. Rep. 496; 48 id. 123; ib. 126; 6 Hill, 324; 1 Const. 550; 59 N. W. Rep. 1054; 144 N. Y. 182; 30 Wis. 68. Actual damage must be shown. 17 So. Rep. 646; 39 N. E. Rep. 83. The mere fact that a judgment has been obtained does not entitle the person indemnified to recover. 1 N. Y. 550; 21 N. J. L. 73; 6 Hill, 324; 2 Yt. 532. See also 1 May, Ins., §§ 1, 3; L. R. 11 Q. B. Div. 380; 15 Minn. 376 (461); 42 Minn. 115;…
1Opinion of the CourtBattle, J.
Two actions were commenced by S. W. Eordyce and Allen N. Johnson, receivers of the City Electric Street Railway Company, against the Fidelity & Casualty Company, and the Union Guaranty & Trust Company (which were afterwards, by consent, consolidated and heard as one action), on a policy executed by the Fidelity & Casualty Company to the City Electric Street Railway Company, to recover the amounts of judgments rendered against the Street Railway Company for damages resulting from personal injuries caused by the operation of its railway between the 9th of December, 1891, and the 9th of…
2Cases cited1 opinion
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
3Cited by11 opinions
- Sanders v. Frankfort Marine, Accident & Plate Glass InsuranceSupreme Court of New Hampshire · 1904
- Fenton v. Fidelity & Casualty Co.Oregon Supreme Court · 1899
- Schambs v. Fidelity & Casualty Co. of New YorkCourt of Appeals for the Sixth Circuit · 1919
- Bain v. AtkinsMassachusetts Supreme Judicial Court · 1902
- Allen v. Gilman, McNeil & Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1905
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