Stephens v. Capital Insurance Co.
Supreme Court of Iowa
Appeal from, Union District Court. — Hon. H. M. Townee, Judge. This is an action in equity, by which the plaintiff demands that the defendant be decreed to issue and deliver to the plaintiff a fire insurance policy in pursu-' ahce of an alleged agreement for insurance upon certain buildings and property.
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Appeal from, Union District Court. — Hon. H. M. Townee, Judge. This is an action in equity, by which the plaintiff demands that the defendant be decreed to issue and deliver to the plaintiff a fire insurance policy in pursu-' ahce of an alleged agreement for insurance upon certain buildings and property. It is averred in the petition that after the right to a policy had accrued to'the plaintiff the property was destroyed by fire, and judgment is demanded for the amount of the loss. There was a judgment and decree for the plaintiff and the defendant appeals. —
1Opinion of the CourtRotheock, J.
The defendant is a fire insurance company. Its principal place of business is in the city of Des Moines. One Stalcup was its local agent at Afton, Union county. The plaintiff is the owner of a farm of sixty acres, upon which he resides. On the first day of March, 1890, Stalcup filled up an application for' insurance to the defendant company for the plaintiff upon the plaintiff’s buildings and personal property. Stalcup was a soliciting agent, having power to receive applications and forward them to the company, but did not have power to issue policies, or to bind the '.company by contracting…
2Cases cited2 opinions
- Insurance Co. v. Young's AdministratorSupreme Court of the United States · 1875
- Wood v. Poughkeepsie Mutual InsuranceNew York Court of Appeals · 1865
3Cited by10 opinions
- Kimbro v. New York Life InsuranceSupreme Court of Iowa · 1906
- Thomason v. Capital InsuranceSupreme Court of Iowa · 1894
- Wood v. Brotherhood of American YeomenSupreme Court of Iowa · 1910
- Cornelius v. Farmers InsuranceSupreme Court of Iowa · 1901
- Hoover v. Bankers' Life Ass'nSupreme Court of Iowa · 1912
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