Western Assurance Co. v. Altheimer
Supreme Court of Arkansas
Appeal from Jefferson and Bincoln circuit courts. John M. Beeiott, Judge. Altlieimer Bros, brought suits against the Western Assurance Company and the Imperial Bire Insurance Company and recovered judgment in both suits. The cases were consolidated on appeal. The facts are stated in the opinion of the court. 1. The court admitted incompetent testimony.
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Appeal from Jefferson and Bincoln circuit courts. John M. Beeiott, Judge. Altlieimer Bros, brought suits against the Western Assurance Company and the Imperial Bire Insurance Company and recovered judgment in both suits. The cases were consolidated on appeal. The facts are stated in the opinion of the court. 1. The court admitted incompetent testimony. The question to Kaufman and his answer thereto are objectionable, because the question was leading, and required a legal opinion of the witness. 1 Gr. Pv. (14 ed.) sec. 434. The answer usurped the province of the jury. 24 Ark. 251; Thomps.…
1Opinion of the CourtWood, J.
These suits were to recover upon policies of fire insurance, on a stock of merchandise, dry goods, etc., executed by appellants to appellees in September, 1890. The policy in the Western called for one thousand dollars; and in the Imperial, for fifteen hundred dollars. The fire and loss occurred on the 22nd of. January, 1891. Suits were begun in Jefferson county circuit court, April 20, 1891. The first suit was tried there; the second was tried, on a change of venue, in Lincoln county. On the issues joined the causes were submitted to a jury. Verdict and judgment for appellees. On appeal here…
2Cases cited6 opinions
- May v. Buckeye Mutual InsuranceWisconsin Supreme Court · 1870
- Pelican Insurance v. WilkersonSupreme Court of Arkansas · 1890
- Taylor v. BeckIllinois Supreme Court · 1851
- Sun Insurance v. JonesSupreme Court of Arkansas · 1891
- Wood v. Hartford Fire Insurance Co.Supreme Court of Connecticut · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Miller Bros. Construction Co. v. Maryland Casualty Co.Supreme Court of Connecticut · 1931
- Arkansas Mutual Fire Insurance v. WoolvertonSupreme Court of Arkansas · 1907
- 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
- Prudential Fire Insurance Co. v. AlleySupreme Court of Virginia · 1905
13 more not listed; retrieve them via the Exa API.