Ard v. Bowie
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; D. H. Coleman, Judge; STATEMENT BY THE COURT. •Phillips & Ferguson Agency, hereinafter for convenience called Agency, was a corporation, located at Newport, and were agents for the Connecticut Fire Insurance Co. As such agents, on the application of one J. U. Ard, they insured in the name of Alice S. Ard, his wife, some household goods.
Read the full summary
Appeal from Jackson Circuit Court; D. H. Coleman, Judge; STATEMENT BY THE COURT. •Phillips & Ferguson Agency, hereinafter for convenience called Agency, was a corporation, located at Newport, and were agents for the Connecticut Fire Insurance Co. As such agents, on the application of one J. U. Ard, they insured in the name of Alice S. Ard, his wife, some household goods. There was a loss and Ard, acting as agent of his wife, adjusted the matter, and the insurance company sent to its agency a draft payable to J. U. Ard. The app.ellee, Bowie, filed his complaint against J. U. Ard in the Jackson…
1Opinion of the CourtWood, J.
(after stating the facts). The appellants do not challenge- the correctness of the judgment against Árd. The only question presented by this appeal is as to whether or not a judgment, under the facts above dis-' closed, should have been rendered, against the Agency as garnishee.
The Insurance Company is not a party to this record. Neither was the Agency garnished as the agent of the Insurance Company. The Agency was garnished simply as a corporation.
The judgment against the Agency, as garnishee, was erroneous for several reasons:
1. In the first place, the draft was sent to the Agency to be…
2Cases cited3 opinions
- German Bank v. DeShonSupreme Court of Arkansas · 1883
- Jones v. JonesSupreme Court of Arkansas · 1861
- St. Louis Southwestern Railway Co. v. Gate City Co-operative Grocery Co.Supreme Court of Arkansas · 1901
3Cited by1 opinion
- Hine v. BrownSupreme Court of Arkansas · 1918