Assignment of the Mutual Guaranty Fire Insurance v. Barker
Supreme Court of Iowa
Appeal from, Clinton District Court.—Hon. P. B. Wolfe, Judge. This is a proceeding to establish a claim against the assignee of the Mutual Guaranty Fire Insurance Company, growing out of a policy of insurance issued by said company in the year 1889. The assignee, among other things, jfieaded that the company had no authority to issue the policy, and that the contract of insurance was and is illegal and void. To this the claimant pleaded an estoppel.
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Appeal from, Clinton District Court.—Hon. P. B. Wolfe, Judge. This is a proceeding to establish a claim against the assignee of the Mutual Guaranty Fire Insurance Company, growing out of a policy of insurance issued by said company in the year 1889. The assignee, among other things, jfieaded that the company had no authority to issue the policy, and that the contract of insurance was and is illegal and void. To this the claimant pleaded an estoppel. The trial court disallowed the claim, and Alvord appeals.-
1Opinion of the Court
Deemer, J
1 The Mutual Guaranty Fire Insurance Company was organized in the year 1888. On the ninth day of August of that year, it filed its articles of incorporation, which stated, in substance, that certain persons, naming them, and all others who might associate with them and become members thereof, organized under the name herein-before stated, “to make insurance upon * * property against loss or damage by fire, * * 'x' upon the plan of mutual insurance.” A guaranty' fund of fifty thousand dollars, consisting of shares of one hundred dollars each, was also provided for, which was subject…
2Cases cited18 opinions
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. Keokuk & Hamilton Bridge Co.Supreme Court of the United States · 1889
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
- McPherson v. Foster Bros.Supreme Court of Iowa · 1876
- Lester v. Howard BankCourt of Appeals of Maryland · 1871
- Beecher v. Marquette & Pacific Rolling Mill Co.Michigan Supreme Court · 1881
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3Cited by22 opinions
- Bell v. KirklandSupreme Court of Minnesota · 1907
- State ex rel. Carroll v. Corning State Savings BankSupreme Court of Iowa · 1907
- United Order of Good Samaritans v. MeekinsSupreme Court of Arkansas · 1922
- Wald v. WheelonNorth Dakota Supreme Court · 1914
- Watts v. Equitable Mutual Life Ass'nSupreme Court of Iowa · 1900
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