Padrnos v. Century Fire Ins.
Supreme Court of Iowa
Appeal from Tama District Court. — Hon. C. B. Bradshaw, Judge. Action upon a policy of fire insurance issued originally to J. W. Nash and by him assigned with the knowledge and consent of the defendant company to plaintiff. The loss is admitted, but defendant relies upon a breach of the conditions of the policy with reference to incumbrances on the property insured.
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Appeal from Tama District Court. — Hon. C. B. Bradshaw, Judge. Action upon a policy of fire insurance issued originally to J. W. Nash and by him assigned with the knowledge and consent of the defendant company to plaintiff. The loss is admitted, but defendant relies upon a breach of the conditions of the policy with reference to incumbrances on the property insured. Plaintiff claims that this "was waived, and on this issue the case was tried to the court, a jury being waived, resulting in a judgment for plaintiff, and defendant appeals.
1Opinion of the CourtDeemer, J.
Being a law case, and having been tried as such to the court without the intervention of a jury, the judgment, like the verdict of a jury, is to be sustained if there is any substantial evidence in its support. In stating the case, that aspect most- favorable to plaintiff must, for the reason above stated, be adopted as a basis for the legal propositions involved. The original policy which was issued to Nash was for the sum of $1,500, and covered a two-story frame shingle and metal roof building and additions thereto, occupied by assured as a hotel, and located in the town of Chelsea. Loss,…
2Cases cited14 opinions
- Hollis v. State InsuranceSupreme Court of Iowa · 1884
- Hagan v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1890
- Ellis v. Council Bluffs InsuranceSupreme Court of Iowa · 1884
- Bennett v. Council Bluffs Ins.Supreme Court of Iowa · 1887
- Mershon v. National InsuranceSupreme Court of Iowa · 1871
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- New York Life Insurance v. AdamsSupreme Court of Arkansas · 1921
- Thomas v. Modern Brotherhood of AmericaSouth Dakota Supreme Court · 1910
- Commercial Ins. Co. of Newark v. BurnquistDistrict Court, N.D. Iowa · 1952
- Eckert v. Century Fire InsuranceSupreme Court of Iowa · 1910
- Funk v. Anchor Fire InsuranceSupreme Court of Iowa · 1915
5 more not listed; retrieve them via the Exa API.