Nabors v. Dixie Mutual Fire Insurance
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; The fifth instruction is erroneous. Where a policy forbids the creating of incumbrances on the property insured, giving a mortgage thereon renders the policy void. 62 Ark. 348; 151 U. S. 452. There can be no existing insurance without such insurance is valid and in full force, and capable of being legally enforced or collected in case of the destruction of the property insured. 129 111. 599; 13 Am. & Eng.
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Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; The fifth instruction is erroneous. Where a policy forbids the creating of incumbrances on the property insured, giving a mortgage thereon renders the policy void. 62 Ark. 348; 151 U. S. 452. There can be no existing insurance without such insurance is valid and in full force, and capable of being legally enforced or collected in case of the destruction of the property insured. 129 111. 599; 13 Am. & Eng. Enc. of Daw, 305; 33 la. 3257 65 Me. 368; 34 Am. Dec. 69; 83 Md. 63; 119 Mass. 121; 43 Mo. 573; 31 Graft. (Va.), 176; 9 New Bruns.…
1Opinion of the CourtHart, J.
This is an action to recover on a policy of insurance against fire issued by the appellee to appellant. The facts, briefly stated, are as follows:
G. B. Sawyer testified that he was secretary and treasurer of the Capital Fire Insurance Company, of Little Rock, Arkansas. That a policy of insurance was issued by said company in favor of Thomas Nabors to take effect November 29, 1904, and to expire November 29, 1907. That the policy covered insurance on a two-story frame house and furniture, bedding, etc., in said building. That the policy did not permit additional concurrent insurance, and did…
2Cases cited1 opinion
- Planters' Mutual Insurance v. GreenSupreme Court of Arkansas · 1904
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