Farmer's Co-Operative Creamery Co. v. Iowa State Insurance
Supreme Court of Iowa
-Appeal from Madison District Court. — Hon. A. W . Wilkinson, Judge. Action at law on a policy of fire insurance. The defendant, among other things, pleaded that the action was not brought within the time fixed by the policy. Trial to a jury, verdict for plaintiff, and defendant appeals.
1Opinion of the Court
'Deemer, J.
The policy in suit was issued by defendant company July 13, 1897. By the terms of one of the bylaws, that was expressly made a part of the instrument, it was provided that “no suit or action against said company, for the recovery of such loss or damage, shall be sustainable in any court of law or chancery, unless such suit or action shall be commenced within the term of six months next after the date of the occurrence of the fire.” Plaintiff’s property was destroyed by fire September 9, 1897; and this action was brought August 30, 1898. Under prior decisions of this ■court, the…
2Cases cited12 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- McCracken v. HaywardSupreme Court of the United States · 1844
- Gunn v. BarrySupreme Court of the United States · 1873
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- Harrison v. Hartford Fire InsuranceSupreme Court of Iowa · 1897
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. Shaver v. Iowa Telephone Co.Supreme Court of Iowa · 1915
- Douglass v. American Family Mutual Insurance Co.Supreme Court of Iowa · 1993
- Mumford v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1905
- Page County v. Fidelity & Deposit Co.Supreme Court of Iowa · 1927
- Missouri, Kansas & Texas Railway Co. v. HudginsCourt of Appeals of Texas · 1910
3 more not listed; retrieve them via the Exa API.