Youtsey v. Union Central Life Insurance
Supreme Court of Iowa
Appeal from Ludas District Court. — D. M. AndeRson, Judge. ActioN in equity, to cancel certain notes 'and a real estate mortgage securing same, executed by tbe plaintiff to defendant insurance company, and assigned to Van Evera & Company. Tbe loan of $2,500 upon its receipt by one Wilson, alleged to be the agent of the defendants, was converted by tbe said agent to bis own use.
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Appeal from Ludas District Court. — D. M. AndeRson, Judge. ActioN in equity, to cancel certain notes 'and a real estate mortgage securing same, executed by tbe plaintiff to defendant insurance company, and assigned to Van Evera & Company. Tbe loan of $2,500 upon its receipt by one Wilson, alleged to be the agent of the defendants, was converted by tbe said agent to bis own use. Upon tbe finding that Wilson was the agent of plaintiff, the petition was dismissed at plaintiff’s costs. Plaintiff appeals. —
1Opinion of the Court
De G-RAEF, J.-
Plaintiff, through one Fred N. Wilson, in the latter part of 1917, entered into negotiations with the Van Evera Company, to procure certain loans from the defendant Union Central Life Insurance Company. The purpose of securing these loans was to pay off certain outstanding mortgages upon plaintiff’s land. Evidence was offered that three applications were made to the defendant insurance company for loans in the sums of $10,500, $4,000, and $2,500, respectively, on three different tracts of land. The first and third applications were allowed, and the second was allowed in the sum…
2Cases cited1 opinion
- McLean v. FickeSupreme Court of Iowa · 1895
3Cited by5 opinions
- Hubbard v. Robert B. Wallace Co.Supreme Court of Iowa · 1926
- Burlington Savings Bank v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1928
- Donaldson v. KenegySupreme Court of Iowa · 1924
- Burlington Savings Bank v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1928
- Harding v. Home Investment & Savings Co.Idaho Supreme Court · 1930