Walsh v. Ætna Life Insurance
Supreme Court of Iowa
Appeal from Scott District Court. Action upon a policy of insurance for $2,500 upon the life of Edmond Walsh, husband of plaintiff, issued September 10, 1862. The petition alleges that, “on the 23d day of October, 1867, the said Edmond Walsh, having first obtained, in consideration of the additional premium of $25 to said defendant paid, the previous consent of said defendant, to pass south of the 36th degree of north latitude, between the first day of June and November,…
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Appeal from Scott District Court. Action upon a policy of insurance for $2,500 upon the life of Edmond Walsh, husband of plaintiff, issued September 10, 1862. The petition alleges that, “on the 23d day of October, 1867, the said Edmond Walsh, having first obtained, in consideration of the additional premium of $25 to said defendant paid, the previous consent of said defendant, to pass south of the 36th degree of north latitude, between the first day of June and November, 1867, died at the city of Vicksburg, Mississippi, which death was not caused by any of the causes excepted in said policy.”…
1Opinion of the Court
Beck J.
1. Insurance power of ‘ special agent. I. The issues presented in this case involve questions as to the liability of defendant by reason of the payments and receipts set out in the petition. jl j. Unless these transactions bind defendant, there can oe no recovery. The acts of the agent of defendant, in' connection with - these payments, are but incidents thereof.
In the consideration of these questions we will find it more convenient, and our labor will be accomplished more speedily, to discuss them in the order suggested by the nature of the case and the issues presented, rather than…
2Cases cited9 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
- Bevin v. Connecticut Mutual Life InsuranceSupreme Court of Connecticut · 1854
- Simeral v. Dubuque Mutual Fire InsuranceSupreme Court of Iowa · 1865
- Buckbee v. United States InsuranceNew York Supreme Court · 1854
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Trotter v. Grand Lodge of the Iowa Legion of HonorSupreme Court of Iowa · 1906
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Weber v. United Hardware & Implement Mutuals Co.North Dakota Supreme Court · 1948
- Smith v. CoutantSupreme Court of Iowa · 1942
18 more not listed; retrieve them via the Exa API.