Newman v. Covenant Mutual Insurance Ass'n
Supreme Court of Iowa
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
- Northwestern Mutual Life Insurance v. HazelettIndiana Supreme Court · 1886
- Barnes v. Hekla Fire InsuranceSupreme Court of Iowa · 1888
- Barke v. EarlySupreme Court of Iowa · 1887
- Cook v. Federal Life Ass'nSupreme Court of Iowa · 1887
- Newman v. Covenant Mut. Ben. Asso.Supreme Court of Iowa · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Schmidt v. Northern Life Ass'nSupreme Court of Iowa · 1900
- Webber v. E. K. Larimer Hardware Co.Supreme Court of Iowa · 1944
- Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
- Simpson v. Enfield Lumber Co.Supreme Court of North Carolina · 1903
32 more not listed; retrieve them via the Exa API.