Farmers' Co-operative Society v. German Insurance
Supreme Court of Iowa
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
- McAnnulty v. SeickSupreme Court of Iowa · 1882
3Cited by4 opinions
- McCarter v. UbanSupreme Court of Iowa · 1969
- In Re Estate of DolmageSupreme Court of Iowa · 1927
- Jamison v. Estate of JamisonSupreme Court of Iowa · 1900
- Effron-Kushner & Co. v. American Railway Express Co.Supreme Court of Iowa · 1923