Mallory v. Farmers' Ins.
Supreme Court of Iowa
Appeal from Buchanan Circuit Court. Action on a policy of insurance against loss or damage by fire. Trial by jury, verdict and judgment for the plaintiff, and the defendant appeals.
1Opinion of the CourtSeevers, J.
I. The property insured consisted of a frame building used as a creamery, and certain personal property therein. The policy contained the following provision: *451“ This policy shall become void in each of the following instances, unless noted in the application or consented to by the secretary in writing herein, viz.: If the property in said policy or any part thereof be in any manner whatever encumbered.” It was stated in the application that the creamery building was not incumbered, but that the land on which it was situated was incumbered by a mortgage for $1,400. The land was owned by the…
2Cited by6 opinions
- Equitable Life Assurance Society of United States v. EllisTexas Supreme Court · 1913
- Kautz v. Zurich General Accident & Liability InsuranceCalifornia Supreme Court · 1931
- Erb v. German American InsuranceSupreme Court of Iowa · 1900
- Collins v. Merchants & Bankers Mutual InsuranceSupreme Court of Iowa · 1895
- Greco v. Continental InsuranceSupreme Court of Iowa · 1934
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