Young & Co. v. Hartford Fire Ins.
Supreme Court of Iowa
Appeal from Polk Circuit Court. Action on a policy of insurance against fire. Performance of all the duties and conditions to be performed by the assured was averred, “exceptas to the prepayment of the premium,' and other conditions, the performance of which was waived by the defendant.” The answer consisted of a denial, and several affirmative defenses were set up, which presented, for determination the matters referred to in the opinion. There was a trial by jury.
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Appeal from Polk Circuit Court. Action on a policy of insurance against fire. Performance of all the duties and conditions to be performed by the assured was averred, “exceptas to the prepayment of the premium,' and other conditions, the performance of which was waived by the defendant.” The answer consisted of a denial, and several affirmative defenses were set up, which presented, for determination the matters referred to in the opinion. There was a trial by jury. Yerdict and judgment for the plaintiffs, and defendant appeals.
1Opinion of the CourtSeevebs, J.
i. principal undisclosed Insurance’. I. It is claimed by the plaintiff that insurance was effected by one Warner with Cook & Welling, who were insurance agents. Warner met Welling on the street, and made application for insurance; and what was said at the time by Warner and Welling was admitted in evidence, and it tended to show that Welling agreed to issue a policy of insurance and to extend the time for the payment of the premium; that is, he would give *379Warner credit until a stated time for the premium. Nothing was said, however, by either party as to' the company with which insurance'…
2Cases cited9 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Boehen v. . Williamsburgh Insurance Co.New York Court of Appeals · 1866
- Sheldon v. Connecticut Mutual Life InsuranceSupreme Court of Connecticut · 1856
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Lamberton v. Connecticut Fire InsuranceSupreme Court of Minnesota · 1888
- German Insurance v. GraySupreme Court of Kansas · 1890
- T. M. Sinclair & Co. v. National Surety Co.Supreme Court of Iowa · 1906
- Pacific Mut. Life Ins. Co. of Cal. v. O'NeilSupreme Court of Oklahoma · 1913
- Miller v. Hartford Fire Ins.Supreme Court of Iowa · 1886
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