Garretson v. Merchants & Bankers Insurance

This cause was before in this court and is reported in 81 Iowa, 727. At the time of the loss the building insured was being used as a *294restaurant and a clause of the policy provides that it was to be used'for “any mercantile purpose.” On the former appeal it was held as a matter of law that the use of the building as a restaurant was a violation of the provision that it should be used for mercantile purposes and the cause was reversed because of an instruction not in harmony with such holding, and further because the verdict for plaintiff was without support in the evidence. In avoidance of…