State Ins. v. Granger
Supreme Court of Iowa
Appeal from Story District Court. The petition states, in substance, that the defendant, Granger, recovered a judgment against the plaintiff on a policy of insurance, and that no notice of the pendency of the action was served on plaintiff, who has a meritorious defense to said action. The relief asked is that the judgment be set aside, and that plaintiff may have a new trial of said action, as the statute provides.
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Appeal from Story District Court. The petition states, in substance, that the defendant, Granger, recovered a judgment against the plaintiff on a policy of insurance, and that no notice of the pendency of the action was served on plaintiff, who has a meritorious defense to said action. The relief asked is that the judgment be set aside, and that plaintiff may have a new trial of said action, as the statute provides. The court found for the defendant and dismissed the petition. The plaintiff appeals.
1Opinion of the CourtSeevers, J.
On May loth, 1880, one Shaffer was the plaintiff’s agent at Colo, Story county. He took an applica-^on í originad víeeon agent tk>n”statute construed. on day ^rora ^e defendant, Granger, and forwarded the same to the plaintiff at Des Moines, who issued a policy of insurance thereon, on -¡^g judgment was recovered which the plaintiff asks to have set aside. Shaffer was a soliciting agent only, and he continued to act in that capacity until after the 15th day of September, 1880. In fact, Shaffer con-tinned to act as such agent until in the “ spring of 1881.”
On the 15th day of September, 1880,…
2Cases cited3 opinions
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