Kennedy Bros. v. Iowa State Insurance
Supreme Court of Iowa
Appeal from Pocahontas District Court. — Hon. F. H. Helselu, Judge. Action at law to recover upon, a policy of fire insurance. The policy bears date May 27, 1899, and was issued to the plaintiff firm.
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Appeal from Pocahontas District Court. — Hon. F. H. Helselu, Judge. Action at law to recover upon, a policy of fire insurance. The policy bears date May 27, 1899, and was issued to the plaintiff firm. The following among other conditions appear therein: “This entire policy shall be void if the insured shall make any misrepresentations or concealments concerning the subject-matter of the property insured under this policy, * * * or if the insured shall make or have any contract or understanding whereby any person or corporation shall not be liable for any act or neglect in causing the fire. *…
1Opinion of the CourtBishop, J.
i, inability of contract ing same: negligence, It seems clear that, had the policy in question been issued to, and this action brought in the name of, J. Kennedy & Co., there could have been no recovery, especially as it appears without much question in evidence and there being no contention in the argument, that the fire was caused from the dumping of live- coals from the fire box of a locomotive engine standing on an adjacent track, and belonging to the railroad company. Under Code, 1873, section 1289, re-enacted as section 2056 of the present Code, any corporation operating a railway…
2Cases cited12 opinions
- Inman v. South Carolina Railway Co.Supreme Court of the United States · 1889
- Griswold v. Illinois Central Railway Co.Supreme Court of Iowa · 1894
- Fayerweather v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Engle v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1888
- German State Bank v. HerronSupreme Court of Iowa · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Great Northern Oil Co. v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1971
- Sexauer v. WilsonSupreme Court of Iowa · 1907
- Fire Association of Phila. v. Allis Chalmers Mfg. Co.District Court, N.D. Iowa · 1955
- Renner v. Model Laundry, Cleaning & Dyeing Co.Supreme Court of Iowa · 1921
- Manchester Marble Co. v. Rutland RailroadSupreme Court of Vermont · 1927
11 more not listed; retrieve them via the Exa API.