Legal Opinion

Newman v. Covenant Mutual Insurance Ass'n

Supreme Court of Iowa

Decided October 26, 1888PublishedCited by 37 opinions

Appeal from Linn .District Court. — Hon. J. H. Pbeston, Judge. The defendant is a life insurance company, organized under what is known as the “Assessment Plan.” On the eighth day of July, 1882, it issued a policy or certificate of membership, as it is denominated, to W. H. Hewitt, a resident of the city of Marion, in this state. On the morning of the fourteenth of July, 1882, the dead body of Hewitt was found in a ditch in the city of Omaha.

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Appeal from Linn .District Court. — Hon. J. H. Pbeston, Judge. The defendant is a life insurance company, organized under what is known as the “Assessment Plan.” On the eighth day of July, 1882, it issued a policy or certificate of membership, as it is denominated, to W. H. Hewitt, a resident of the city of Marion, in this state. On the morning of the fourteenth of July, 1882, the dead body of Hewitt was found in a ditch in the city of Omaha. The ditch was about twenty-four feet wide, and there was water in it to the depth of three and a half or four feet. He left surviving him a widow and…

1Opinion of the Court

Rothrock, J. —

*591. pleading ■ ' amendment^: law to equity: limitation of action: life *58I. The opinion of this court on the former appeal of the cause will be' found in 72 Iowa, *59242. It was held upon that appeal that an action at law for the amount named in the policy or certificate could not be maintained; -V J 5 that, by the terms or the contract, the defendant’s obligation was to make an assessment upon the members of the association, collect the assessment and pay it to the benefi ciary; and that no more than nominal damages could be recovered in an action at law. When the cause was remanded to…

2Cases cited10 opinions

  1. Northwestern Mutual Life Insurance v. HazelettIndiana Supreme Court · 1886
  2. Barnes v. Hekla Fire InsuranceSupreme Court of Iowa · 1888
  3. Barke v. EarlySupreme Court of Iowa · 1887
  4. Cook v. Federal Life Ass'nSupreme Court of Iowa · 1887
  5. Newman v. Covenant Mut. Ben. Asso.Supreme Court of Iowa · 1887

5 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
  2. Schmidt v. Northern Life Ass'nSupreme Court of Iowa · 1900
  3. Webber v. E. K. Larimer Hardware Co.Supreme Court of Iowa · 1944
  4. Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
  5. Simpson v. Enfield Lumber Co.Supreme Court of North Carolina · 1903

32 more not listed; retrieve them via the Exa API.

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