David v. Hartford Insurance
Supreme Court of Iowa
Appeal from Dubuque District Court. Action to recover on a policy of insurance. The facts are stated in the opinion of the court.
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Appeal from Dubuque District Court. Action to recover on a policy of insurance. The facts are stated in the opinion of the court. I. The court erred in instructing the jury as follows: “If you find there was no notice to the defendant of the subsequent insurances, you will then come to the question whether the last policies of insurance were void, for if they were, the plaintiff is entitled to recover, and in this it matters not whether notice was given or not.” 1. There was no such issue made by the pleadings, and the jury could determine only the issues of fact. Parker v. Hendrie, 3 Iowa,…
1Opinion of the CourtBaldwin, C. J.
—The policy upon which the plaintiff seeks to recover was issued upon the 12th day of May, 1857, and insured the assignor of plaintiff, for one year, in the sum of $4,000, upon a five-story brick block used as a hotel, and situated in the city of Dubuque. The policy was assigned to plaintiff upon the 20th day of October, 1857, at which time the plaintiff purchased the property insured' — valued at $103,000. The building was destroyed by fire on the 22d day of January, 1858. A condition was inserted in the' policy which reads as follows: “ That if the said assured, or his assigns, shall…
2Cases cited4 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Carpenter v. American Ins.U.S. Circuit Court for the District of Rhode Island · 1839
- Stacey v. Franklin Fire InsuranceSupreme Court of Pennsylvania · 1841
- Hygum v. Ætna InsuranceSupreme Court of Iowa · 1860
3Cited by9 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Hubbard & Spencer v. Hartford Fire Ins.Supreme Court of Iowa · 1871
- Germania Fire Insurance v. KlewerIllinois Supreme Court · 1889
- Phenix Insurance v. LamarIndiana Supreme Court · 1886
- Funke v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1882
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