Davenport Savings Fund & Loan Ass'n v. North American Fire Insurance
Supreme Court of Iowa
Appeal from Scott District Court. The plaintiff’s claim is founded on a policy of insurance. The loss was amicably adjusted and fixed, by the agreement of the parties, at the sum of $598.35. One hundred and twenty-six dollars of this amount was paid in cash, at the time of the adjustment. The plaintiff’s suit is for the balance, claimed to be still due and unpaid.
Read the full summary
Appeal from Scott District Court. The plaintiff’s claim is founded on a policy of insurance. The loss was amicably adjusted and fixed, by the agreement of the parties, at the sum of $598.35. One hundred and twenty-six dollars of this amount was paid in cash, at the time of the adjustment. The plaintiff’s suit is for the balance, claimed to be still due and unpaid. The whole controversy is limited to the fact, whether this balance, covering the loss, has or has not been paid, the defendant claiming to have discharged it under a special agreement, by which the plaintiff consented to take one…
1Opinion of the CourtLowe, J.
We shall limit our consideration of this case to the points legitimately presented by the parties, in their respective assignments, and not to all the questions which entered into the discussion thereof by counsel.
And first, as to the appeal of the plaintiff, whose complaint is, that the Court set aside the general verdict of the jury, and refused to enter a judgment thereon for it. To this a satisfactory answer is found, in the circumstance, that the jury were required to return a special finding upon certain questions of fact submitted, which they failed to do in regard to one of the…
2Cited by16 opinions
- Eadie, Guilford & Co. v. AshbaughSupreme Court of Iowa · 1876
- Gwyer v. FigginsSupreme Court of Iowa · 1873
- Heuser v. SharmanSupreme Court of Iowa · 1893
- Roberts v. RumleySupreme Court of Iowa · 1882
- Clark v. CressSupreme Court of Iowa · 1865
11 more not listed; retrieve them via the Exa API.