Summary
In U.S. Fidelity Guaranty Co. v. Maxwell, 152 Ark. 64, 237 S.W. 708, we said, "It has been decided by this court that a mere reference in a policy to the application does not constitute a warranty, even though the application itself contains a statement that the truth of the statements shall constitute a warranty.
Summary of this case from American Republic Life Ins. Co. v. EdenfieldOpinion
No. 37711.
June 10, 1958. Rehearing Denied September 16, 1958.
Appeal from the District Court of Muskogee County; E.G. Carroll, Judge.
Plaintiff Talmadge Maxwell obtained judgment for personal injuries sustained by him in an automobile collision and began garnishment proceedings in aid of execution against United States Fidelity and Guaranty Company, garnishee, as insurance carrier. From a judgment for plaintiff, said garnishee has appealed. Reversed and garnishee discharged.
Monnet, Hayes Bullis, Oklahoma City, for plaintiff in error.
Norman Wheeler, Edwin Langley, Muskogee, Amos T. Hall, Tulsa, for defendant in error.
This action, except brought by a different plaintiff to recover damages for personal injuries, is identical, to cause numbered 37,710 styled United States Fidelity and Guaranty Co. v. Walker, Okla., 329 P.2d 852.
Therefore, the syllabus and opinion in said case no. 37,710 is hereby adopted as the syllabus and opinion herein.
Judgment is reversed and garnishee is discharged.
WELCH, C.J., and DAVISON, HALLEY, JOHNSON, WILLIAMS, JACKSON and CARLILE, JJ., concur.
CORN, V.C.J., and BLACKBIRD, J., dissent.