Legal Opinion

George H. Fitchner & Co. v. Fidelity Mutual Fire Ass'n

Supreme Court of Iowa

Decided October 18, 1897PublishedCited by 55 opinions

Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. Action in equity on a policy of insurance against loss by fire in the sum of one thousand dollars on the. building, and the same amount on stock of goods contained therein. At the time of the loss there was twelve thousand dollars insurance on the stock and eight thousand dollars on the building.

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Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. Action in equity on a policy of insurance against loss by fire in the sum of one thousand dollars on the. building, and the same amount on stock of goods contained therein. At the time of the loss there was twelve thousand dollars insurance on the stock and eight thousand dollars on the building. The application and also the policy contained this, clause: “$12,000 total concurrent insurance allowed;” and the plaintiffs ask that this be so reformed as to be twenty thousand dollars, instead, and that the twelve thousand dollars be…

1Opinion of the CourtAadd, J.

*2781 *277I. The three questions presented are: Was there a mistake? If so, can it be corrected? And *278was there any incumbrance on the property? The firm of George H. Fitchner & Co., composed of Fitchner, who lived at Correctionville, and H. C. Laub, whose home is at DenisoD, was engaged in trade at Correction-ville, owning a building valued at from nine thousand dollars to twelve thousand dollars, and a stock of merchandise estimated to be worth from fourteen thousand dollars to twenty thousand dollars, at the date of the policy. P. A. Doughty, as. soliciting agent of the defendant and other…

2Cases cited13 opinions

  1. Stone v. Hawkeye Ins.Supreme Court of Iowa · 1886
  2. Hagan v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1890
  3. Bennett v. Council Bluffs Ins.Supreme Court of Iowa · 1887
  4. Esch Bros. v. Home InsuranceSupreme Court of Iowa · 1889
  5. Jamison v. State InsuranceSupreme Court of Iowa · 1892

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3Cited by55 opinions

  1. McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
  2. Taylor v. Glens Falls InsuranceSupreme Court of Florida · 1902
  3. Gurnett v. Atlas Mutual InsuranceSupreme Court of Iowa · 1904
  4. Norem v. Iowa Implement Mutual InsuranceSupreme Court of Iowa · 1923
  5. Green v. Phoenix InsuranceSupreme Court of Iowa · 1934

50 more not listed; retrieve them via the Exa API.

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