Phœnix Assurance Co. v. Boyette
Supreme Court of Arkansas
Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; statement by ti-ie court. The plaintiff, R. A. Boyette, has for many years been engaged in the business of keeping a warehouse at Hope, Ark., for the purpose of storing cotton for farmers, merchants, and cotton buyers. The cotton therein was usually kept insured against fire.
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Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; statement by ti-ie court. The plaintiff, R. A. Boyette, has for many years been engaged in the business of keeping a warehouse at Hope, Ark., for the purpose of storing cotton for farmers, merchants, and cotton buyers. The cotton therein was usually kept insured against fire. Generally, the owners of large quantities of the cotton carried insurance policies in their own names, and the plaintiff carried policies for the benefit of his customers, usually farmers who had only a few bales of cotton at a time in the warehouse. A…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) There'is no dispute whatever about the facts of this case. It is clear that the form of the policy does not, if its language be held to embrace all of the cotton in the warehouse, express the real agreement and intention of the parties thereto — appellee and the agent of appellant who wrote and delivered the policy and received the premium therefor. They both give the same testimony concerning the .transaction, and both say that they intended to insure, not all the cotton in the warehouse, but only that part of it which appellee held on storage for…
2Cases cited14 opinions
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- Griswold v. HazardSupreme Court of the United States · 1891
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
- Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Security Life Insurance Company v. LeeperSupreme Court of Arkansas · 1926
- Soud v. HikeSupreme Court of Florida · 1952
- Dodge v. ThomasonSupreme Court of Arkansas · 1910
- Equity General Agents, Inc. v. O'NealCourt of Appeals of Arkansas · 1985
- Commercial Standard Ins. v. MooreSupreme Court of Arkansas · 1964
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