Legal Opinion

Home Insurance v. Holway

Supreme Court of Iowa

Decided April 6, 1881PublishedCited by 16 opinions

Appeal from Howard District Coivrt. This is an action upon a bond executed by the defendants for the faithful discharge of the duties of the defendant, E. W. Holway, as the agent of plaintiff at Cresco, to solicit risks for fire insurance, deliver policies, and collect premiums. The cause was tried upon the issue joined between the plaintiff and the defendant Upton. The trial resulted in a verdict and judgment for the defendant. The plaintiff appeals.

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Appeal from Howard District Coivrt. This is an action upon a bond executed by the defendants for the faithful discharge of the duties of the defendant, E. W. Holway, as the agent of plaintiff at Cresco, to solicit risks for fire insurance, deliver policies, and collect premiums. The cause was tried upon the issue joined between the plaintiff and the defendant Upton. The trial resulted in a verdict and judgment for the defendant. The plaintiff appeals. The facts are stated in the opinion.

1Opinion of the CourtDay, J.

i. bond: ity off ■lia^>l1 The facts in this case are very fairly and clearly set forth in the argument of appellant’s attorney, substantially as follows: Some time in 1871 the defendant Holway was appointed by the plaintiff its agent at Oresco, Iowa, to solicit risks for fire insurance, deliver to *572tbe patrons of plaintiff its policies of insurance, receive the premiums thereon, and account to the plaintiff for the same, and pay over to plaintiff the moneys received by him after deducting his expenses and commissions for compensation, which was a percentage of the premium paid on the policies,…

2Cases cited10 opinions

  1. Board of Supervisors v. . OtisNew York Court of Appeals · 1875
  2. McKecknie v. . WardNew York Court of Appeals · 1874
  3. Roper v. Trustees of Sangamon Lodge No. 6Illinois Supreme Court · 1878
  4. Ham v. GreveIndiana Supreme Court · 1870
  5. Jones v. United StatesSupreme Court of the United States · 1874

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3Cited by16 opinions

  1. Chicago Crayon Co. v. RogersSupreme Court of Oklahoma · 1911
  2. Hartford Fire Ins. v. CaseyMissouri Court of Appeals · 1917
  3. Screwmen's Benevolent Ass'n v. SmithTexas Supreme Court · 1888
  4. Phenix Ins. v. FindleySupreme Court of Iowa · 1882
  5. Selma Savings Bank v. HarlanSupreme Court of Iowa · 1914

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

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