Wells v. German Insurance
Supreme Court of Iowa
Appeal from Calhoun District Court. — 'Hon. F. M. Powers, Judge. Action upon a fire insurance policy. Trial to jury, and verdict and judgment for plaintiff. Defendant appeals..
1Opinion of the CourtBishop, J.
The policy in suit was issued to cover a stock of merchandise owned by plaintiff and situate in the town of Lovinia, Calhoun county, this State. One of the policy provisions is as follows: “ If the said personal property be incumbered by chattel mortgage, . . . this policy shall be void.” In its answer the defendant pleaded a violation of said policy provision, alleging that subsequent to the issuance of the policy plaintiff had incumbered the property by mortgage. The record contains an admission on the part of plaintiff to the' effect that a chattel mortgage was executed by him covering the…
2Cases cited4 opinions
- Gunnell v. CockerillIllinois Supreme Court · 1875
- Crocker v. LowenthalIllinois Supreme Court · 1876
- Martin v. PaxsonSupreme Court of Missouri · 1877
- Merritt v. TempleIndiana Supreme Court · 1900
3Cited by4 opinions
- Burns v. PetersCalifornia Supreme Court · 1936
- Beery v. GlynnSupreme Court of Iowa · 1932
- In Re Knouse's WillSupreme Court of Iowa · 1963
- Trachsel v. First Trust & Savings BankSupreme Court of Iowa · 1963