Born v. Home Insurance
Supreme Court of Iowa
‘Appeal from Cedar District Court. — Hon. M. J. Wade, Judge. Action to -recover upon a policy of insurance against loss by fire. The defenses relied upon are that the policy had been suspended before the loss, for nonpayment of the-premium, and that the policy was rendered void by the execution of chattel mortgages upon personal property covered by the policy, without the knowledge or consent of the defendant. At the close of all the testimony each party moved fora verdict.
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‘Appeal from Cedar District Court. — Hon. M. J. Wade, Judge. Action to -recover upon a policy of insurance against loss by fire. The defenses relied upon are that the policy had been suspended before the loss, for nonpayment of the-premium, and that the policy was rendered void by the execution of chattel mortgages upon personal property covered by the policy, without the knowledge or consent of the defendant. At the close of all the testimony each party moved fora verdict. The motion of the plaintiff was overruled, and the-motion of the defendant sustained, and verdict and judgment, rendered…
1Opinion of the CourtGiven, J.
*3811 *380I. The defendant issued to the plaintiff its-two policies of insurance on certain real and personal property, each running from May 22, 1893, to May 22, 1896;-the one in suit, being No. G. F. 94,403, insuring against loss by fire or lightning, and the other, A 36,125, against loss by tomado-, cyclone, or wind storm. In consideration of this-insurance the plaintiff paid to defendant eight dollars ini cash on account of premium on the fire policy, and executed, and delivered h.is one promissory note for sixty-six dollars,, payable on or before the first day of May, 1894, “in payment' of the…
2Cases cited3 opinions
- Lee v. Agricultural InsuranceSupreme Court of Iowa · 1890
- Smith v. Continental Insurance Co.Supreme Court of Iowa · 1899
- Ellis v. State Ins.Supreme Court of Iowa · 1883
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- Connecticut Fire Insurance v. JearyNebraska Supreme Court · 1900
- Port Blakely Mill Co. v. Springfield Fire & Marine InsuranceWashington Supreme Court · 1910
- Cottingham v. Maryland Motor Car InsuranceSupreme Court of North Carolina · 1915
- Insurance Co. of North America v. PittsMississippi Supreme Court · 1906
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