Simeral v. Dubuque Mutual Fire Insurance
Supreme Court of Iowa
Appeal from Dubuque District Court. Plaintiff sues upon a policy of date December 5,1856, insuring certain personal property. The property was owned by James M. Simeral, and the insurance taken by him and in his name for six j'ears. On the 3d of May, 1858; ho assigned the policy to the present plaintiff.
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Appeal from Dubuque District Court. Plaintiff sues upon a policy of date December 5,1856, insuring certain personal property. The property was owned by James M. Simeral, and the insurance taken by him and in his name for six j'ears. On the 3d of May, 1858; ho assigned the policy to the present plaintiff. The loss occurred in July, 1860. To the action defendant pleads the following among other defenses: “Before the happening of the loss and damage complained of, the said James M. Simeral had alienated and sold said property insured without the knowledge and consent of the said defendant, and…
1Opinion of the Court
Wright, Ch. J.
The 9th section of the articles of incorporation declares: “That when any property insured by said corporation shall be alienated by sale or otherwise, the policy of said insurance may be surrendered to the directors of said company to be canceled ; and upon such surrender, the assured shall be entitled to receive his *321deposit note or notes upon tbe payment of his proportion of all assessments for losses and expenses that have accrued prior to such surrender; but the grantee or alienee having the policy assigned to him, may have the same ratified and confirmed to him for his own…
2Cases cited3 opinions
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Granger v. Howard InsuranceNew York Supreme Court · 1830
- Susquehanna Insurance v. PerrineSupreme Court of Pennsylvania · 1844
3Cited by29 opinions
- Supreme Lodge, Knights of Pythias v. KnightIndiana Supreme Court · 1889
- Bauer v. Samson LodgeIndiana Supreme Court · 1885
- Brady v. WelshSupreme Court of Iowa · 1925
- Corey v. ShermanSupreme Court of Iowa · 1895
- Fuller v. Madison Mutual InsuranceWisconsin Supreme Court · 1875
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