Legal Opinion

Farmers' Co-operative Society v. German Insurance

Supreme Court of Iowa

Decided April 10, 1896PublishedCited by 4 opinions

Appeal from Franklin District Court. — Hon. B. P. BiRDSALL, Judge. This is an action at law upon an alleged verbal contract of insurance against the loss by fire of a grain elevator and grain stored therein, and machinery connected therewith. There was a trial by jury, which resulted in a verdict for the plaintiff. The defendant appeals from a judgment on the verdict.

1Opinion of the CourtRothrock, C. J.

I. The main question in the case is whether the evidence was sufficient to authorize the jiiry in finding that a verbal contract of insurance was made and concluded between the parties. The defendant requested the court to charge the jury as follows: “In an action upon a parol contract to issue a policy of *750insurance, no policy being- in fact issued, there must be conclusive proof thEit all the essential elements of such a contract have been agreed upon. 1'f the matter is left in doubt, upon the whole evidence, whether a binding contract was entered into, your verdict must be for the…

2Cases cited1 opinion

  1. McAnnulty v. SeickSupreme Court of Iowa · 1882

3Cited by4 opinions

  1. McCarter v. UbanSupreme Court of Iowa · 1969
  2. In Re Estate of DolmageSupreme Court of Iowa · 1927
  3. Jamison v. Estate of JamisonSupreme Court of Iowa · 1900
  4. Effron-Kushner & Co. v. American Railway Express Co.Supreme Court of Iowa · 1923

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