Planters' Mutual Insurance v. Loyd
Supreme Court of Arkansas
Appeal from Little Piiver Circuit Court. Will P. Feazel, Judge. T. M. Loyd, took out a policy of insurance in the Planters’ Mutual Insurance Association for the sum of $1,000 upon his dwelling house and certain furniture therein against loss by fire. The facts are stated in the report of this case on a former appeal.
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Appeal from Little Piiver Circuit Court. Will P. Feazel, Judge. T. M. Loyd, took out a policy of insurance in the Planters’ Mutual Insurance Association for the sum of $1,000 upon his dwelling house and certain furniture therein against loss by fire. The facts are stated in the report of this case on a former appeal. See :Planters’ Mutual Insurance Co. v. Loyd, G7 Ark. 584. In order to establish a waiver of a forfeiture, the proof must show a distinct recognition of liability after a knowledge of the forfeiture. 116 N. Y. 106. A mere offer to compromise can not be construed as a waiver. 20…
1Opinion of the CourtWood, J.
This is the second appeal in this case. The opinion in the first appeal is found in Planters’ Mutual Ins. Co. v. Loyd, 67 Ark. 584. The suit is on a policy of fire insurance. We reversed the cause on the first appeal because the assured represented that the property insured was his property, when in fact it was the property of his wife. The representation was a warranty, and part of the contract of insurance. This and other grounds of forfeiture were urged at the second trial, and are presented on this appeal, but it suffices to say of these that the proof is sufficient to show that the…
2Cases cited6 opinions
- Agricultural Insurance v. MontagueMichigan Supreme Court · 1878
- Planters' Mutual Insurance v. LoydSupreme Court of Arkansas · 1900
- Traders Insurance v. NewmanIndiana Supreme Court · 1889
- McQueeny v. Phœnix InsuranceSupreme Court of Arkansas · 1889
- German American Insurance v. PaulCourt Of Appeals Of Indian Territory · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kludt v. German Mutual Fire InsuranceWisconsin Supreme Court · 1913
- Wisecup v. American InsuranceMissouri Court of Appeals · 1914
- Bassett v. Farmers & Merchants InsuranceNebraska Supreme Court · 1909
- Capital Fire Insurance v. KaufmanSupreme Court of Arkansas · 1909
- Loyd v. Planters' Mutual InsuranceSupreme Court of Arkansas · 1906
1 more not listed; retrieve them via the Exa API.