Legal Opinion

Zalesky v. Home Insurance

Supreme Court of Iowa

Decided October 8, 1901PublishedCited by 14 opinions

Appeal from Benton District Court. — Hon. G. W. Burn-ham, Judge. Action on a fire insurance policy. At the close of the evidence there was a directed verdict for the defendant, 'which Avas afterwards set aside and a new trial granted. The defendant appeals.

1Opinion of the CourtSherwin, J.

This is the third appeal of this "case. The opinions on the former appeals will be found in 102 Iowa, 613, and in 108 Iowa, 341. The facts upon which the case is based are recited in full in the first opinion. In the original answer filed, the defendant pleaded that there was a disagreement between the parties as to the amount of damage sustained by the plaintiff; that a demand for an appraisal had been made, as provided by the contract of insurance; that the plaintiff had refused the same; and that the action was therefore prematurely brought. The plaintiff demurred to this answer on several…

2Cases cited2 opinions

  1. Zalesky v. Home InsuranceSupreme Court of Iowa · 1897
  2. Zalesky v. Home Insurance Co.Supreme Court of Iowa · 1899

3Cited by14 opinions

  1. Dunshee v. Standard Oil CompanySupreme Court of Iowa · 1914
  2. Hogle v. SmithSupreme Court of Iowa · 1907
  3. Snouffer & Ford v. City of TiptonSupreme Court of Iowa · 1911
  4. Landis v. Interurban Railway Co.Supreme Court of Iowa · 1915
  5. Kossuth County State Bank v. RichardsonSupreme Court of Iowa · 1908

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