Keenan v. Missouri State Mutual Insurance
Supreme Court of Iowa
Appeal from Dubuque Oity Court. In tbeir principal features these cases are alike. On the 13th of December 1856, the company insured the building of tbe “ Odd Fellows’ Hall Association,” for six years, which building was afterwards, on the 27fch of May, 1859, entirely destroyed by fire. The plaintiffs in each of these cases obtained judgments against said association, and notice of garnishment, under proper process, was served on the Insurance Company.
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Appeal from Dubuque Oity Court. In tbeir principal features these cases are alike. On the 13th of December 1856, the company insured the building of tbe “ Odd Fellows’ Hall Association,” for six years, which building was afterwards, on the 27fch of May, 1859, entirely destroyed by fire. The plaintiffs in each of these cases obtained judgments against said association, and notice of garnishment, under proper process, was served on the Insurance Company. On the coming in of the answer, of the garnishee in each case, certain issues were joined, which under the instructions of the court were…
1Opinion of the CourtWright, J.
The garnishee’s answer admits the execution of the policy and the entire destruction of the building by fire. Liability thereon is sought to be avoided, however, by reason of certain things permitted and allowed by the insured before the destruction, and other matters omitted since that time. Under the first head, it is set up that the building was used for a theater, thus increasing the risk beyond and in a manner not contemplated by the policy. To this part of the answer it is replied, that the company knew that a portion of the building was used for a theater; that the insurers granted…
2Cases cited6 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
- McMasters v. Westchester County Mutual InsuranceNew York Supreme Court · 1841
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3Cited by20 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Bloom v. State InsuranceSupreme Court of Iowa · 1895
- Boyd v. Cedar Rapids Ins.Supreme Court of Iowa · 1886
- Central City Insurance v. OatesSupreme Court of Alabama · 1888
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