Arkansas Insurance v. McManus
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; George W. Hays, Judge; i.- The court erred in treating the inventory of October 16th as a substantial compliance with the terms, conditions and warranties of the contract. It was no compliance at all with the plain letter and spirit of the contract.
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Appeal from Calhoun Circuit Court; George W. Hays, Judge; i.- The court erred in treating the inventory of October 16th as a substantial compliance with the terms, conditions and warranties of the contract. It was no compliance at all with the plain letter and spirit of the contract. The promises to keep certain books, inventories, invoices, etc., were by the terms of the application and policy made warranties. 102 S. W. 195. The iron safe clause is valid, and compliance with its conditions indispensable to recovery. 61 Ark. 207; 62 Ark. 43; 65 Ark. 240; 31 S. W. 321; 33 S. W. 554; 78 Am. St.…
1Opinion of the CourtMcCulloch, J.
This is an action instituted by the appellee, J. W. McManus, against *the Arkansas Insurance Company to ■recover the amount of a policy of fir-e insurance upon a store house and stock of merchandise. The complaint alleges that the property insured was totally destroyed by fire, and that appellant had refused to pay the amount of the policy. The appellant, in its answer, set forth the defense that the assured had failed to 'comply with 'the iron-safe clause by preserving his last preceding inventory, taken on June 1, 1905, and- by failing to keep a cash-book and merchandise account as required…
2Cases cited18 opinions
- Atchison, Topeka & Santa Fé Railroad v. MatthewsSupreme Court of the United States · 1899
- Fidelity Mutual Life Ass'n v. MettlerSupreme Court of the United States · 1902
- Iowa Life Insurance v. LewisSupreme Court of the United States · 1902
- Seaboard Air Line Railway v. SeegersSupreme Court of the United States · 1907
- Union Central Life Insurance v. ChowningTexas Supreme Court · 1894
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Life & Casualty Ins. Co. of Tenn. v. McCraySupreme Court of the United States · 1934
- Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
- Aluminum Co. of America v. HenningSupreme Court of Arkansas · 1976
- Waller v. City of New York Ins.Oregon Supreme Court · 1917
- NEW YORK UNDERWRITERS'FIRE INS. CO. v. Malham & Co.Court of Appeals for the Eighth Circuit · 1928
21 more not listed; retrieve them via the Exa API.