Barry v. Farmers' Mutual Hail Insurance
Supreme Court of Iowa
Appeal from Wright District Gourt. — Hon. B. P. Birdsall, • Judge. Action to recover upon a policy of insurance against loss or damage to certain growing crops by bail.
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Appeal from Wright District Gourt. — Hon. B. P. Birdsall, • Judge. Action to recover upon a policy of insurance against loss or damage to certain growing crops by bail. Plaintiff alleges that on tbe third day of July, 1897, said crops were damaged by bail to tbe extent of one thousand three hundred dollars; that be was then tbe owner thereof; that he gave defendant notice in writing of the loss, “and, when said damaged crops were harvested, plaintiff gave the defendant a true account of the grain, hay, and seed grown upon the land covered by said policy of insurance; said statement being…
1Opinion of the CourtGiven, J.
*4361 *435I. The by-laws, which are a part of the contract, contain the following: “Sec. 10. When there is-only partial loss, the assured shall proceed to care for the remaining portion to the best of his ability, or as he and the association’s representative shall agree; and, shall he neglect or refuse to do so, the association shall not be liable for the loss caused by such neglect. And, when such damaged crops shall be harvested, a true account of the grain, hay, and seed •grown upon the land covered by insurance in this association shall be kept and delivered to the association, certified to by…
2Cited by8 opinions
- Kahuku Plantation Co. v. CommissionerUnited States Board of Tax Appeals · 1928
- Whitney Estate Co. v. Northern Assurance Co. of LondonCalifornia Supreme Court · 1909
- Condon v. Des Moines Mutual Hail Ass'nSupreme Court of Iowa · 1903
- McIlrath v. Farmers Mutual Hail InsuranceSupreme Court of Iowa · 1901
- Barry v. Farmers' Mutual Hail Ass'nSupreme Court of Iowa · 1901
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