Union Building Ass'n v. Rockford Insurance
Supreme Court of Iowa
Appeal from Jones District Court. — Hon. J. H. Preston, Judge. Action on a policy of insurance. The petition shows that on the sixteenth of October, 1888, the defendant company issued to one George E. Moore its policy of insurance against loss by fire on certain property in Oxford Junction, Iowa; that at the time the plaintiff company held a mortgage on the property for twenty-five hundred dollars; and the policy contained a provision as follows: “Loss, if any, is payable to…
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Appeal from Jones District Court. — Hon. J. H. Preston, Judge. Action on a policy of insurance. The petition shows that on the sixteenth of October, 1888, the defendant company issued to one George E. Moore its policy of insurance against loss by fire on certain property in Oxford Junction, Iowa; that at the time the plaintiff company held a mortgage on the property for twenty-five hundred dollars; and the policy contained a provision as follows: “Loss, if any, is payable to Union Building Association, of Clinton, Iowa, as its interest may appear;” that on the fifth day of February, 1889, the…
1Opinion of the CourtGranger, J.
i. practice in assi’|^entsrt: of error: form. I. It is urged by the appellee that the assignments of error by. appellant are not sufficiently specific to justify us in a consideration of them. With our view of the ease, it is 01Jjy imp0rtant that we consider the fourth, which is as follows:
“The court erred * * * in sustaining plaintiff’s objections to the testimony and evidence offered by defendant tending to prove that the premium named in the policy sued on had never been paid by plaintiff, or by anyone else, nor any part thereof, and in refusing to permit defendant to prove that no part of…
2Cases cited5 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Home Insurance v. GilmanIndiana Supreme Court · 1887
- Franklin Savings Institution v. Central Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1876
- Bergson v. Builders Insurance Co.California Supreme Court · 1869
3Cited by9 opinions
- Hamilton Buggy Co. v. Iowa Buggy Co.Supreme Court of Iowa · 1893
- Conard v. MorelandSupreme Court of Iowa · 1941
- Kierce v. Lumbermen's Insurance Co. of PhiladelphiaSupreme Court of Minnesota · 1925
- Boyce v. Farmers' Mutual InsuranceSupreme Court of Iowa · 1929
- Calendro v. American & Foreign InsuranceSupreme Court of Iowa · 1940
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