State National Bank v. North Western Union Packet Co.
Supreme Court of Iowa
Appeal from Lee District Court. On the 11th day of November, 1869, the plaintiff commenced suit against the defendant for the recovery of the sum of $8,213.63, alleging that the action was brought as the assignee of W. N. Sturgis, to recover the value of a barge load of wheat undertaken to be carried by defendant as a common carrier, and .lost by the negligence of defendant.
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Appeal from Lee District Court. On the 11th day of November, 1869, the plaintiff commenced suit against the defendant for the recovery of the sum of $8,213.63, alleging that the action was brought as the assignee of W. N. Sturgis, to recover the value of a barge load of wheat undertaken to be carried by defendant as a common carrier, and .lost by the negligence of defendant. The defendant answered, among other things, alleging that the wheat in question was, for the voyage, insured by certain associated insurance companies known as the underwriters; that said Underwriters’ Insurance Company…
1Opinion of the CourtDay, J.
Upon the first trial the defendant defeated the plaintiff’s claim, to the extent of $2,250, on the ground that the insurance company had paid the loss to that extent, and that defendant was Uaible to the insurance company, and not to plaintiff therefor. Now, when sued by the assignee of this insurance company for the said $2,250, it shows that the insurance was invalid; that the company ought not to have paid the loss; that the defendant did not become liable to the insurance company on account of such payment; that the plaintiff took nothing by the assignment, and thus again defeats the…
2Cited by5 opinions
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