Graves v. Merchants & Bankers' Insurance
Supreme Court of Iowa
Appeal from Decatur District Court. — IIon. J. W. Harvey, Judge. Tiie plaintiffs alleged the issuance to them by the defendant of the policy of insurance set out, against loss by fire of the building described and a stock of merchandise while therein; that the property was totally destroyed by fire, January 2, 1888 ; that on February 2, 1888, the defendant, by its adjuster, Overton, fully adjusted the loss, “took sworn statements of the plaintiff in regard to said loss and…
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Appeal from Decatur District Court. — IIon. J. W. Harvey, Judge. Tiie plaintiffs alleged the issuance to them by the defendant of the policy of insurance set out, against loss by fire of the building described and a stock of merchandise while therein; that the property was totally destroyed by fire, January 2, 1888 ; that on February 2, 1888, the defendant, by its adjuster, Overton, fully adjusted the loss, “took sworn statements of the plaintiff in regard to said loss and its cause, and then ■and there, ,for and in behalf of the defendant, expressly waived all different or further proofs of…
1Opinion of the CourtGiven, J.
I. We first inquire whether there is a misjoinder of parties plaintiff. It appears without 1. Joinder of ooiítract:oint parties question that the plaintiffs did own the property insured separately, as alleged, neither having any interest in the property ■of the other, except as it arose from their .relation as husband and wife, and the husband’s occupancy of his wife’s store building. The policy is to them jointly, is for a specified amount on the. building, and not exceeding .a specified amount on the goods, and was issued in consideration of the single sum paid as premium.
Appellant claims…
2Cases cited10 opinions
- Bort v. YawSupreme Court of Iowa · 1877
- Cogswell v. MurphySupreme Court of Iowa · 1877
- Fauble & Smith v. DavisSupreme Court of Iowa · 1878
- Rhoads v. BoothSupreme Court of Iowa · 1863
- Linder v. LakeSupreme Court of Iowa · 1858
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Boruszweski v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1904
- Wright v. Fire InsuranceMontana Supreme Court · 1892
- Firemen's Ins. Co. of Newark v. BremnerCourt of Appeals for the Eighth Circuit · 1928
- Jacobs v. St. Paul Fire & Marine InsuranceSupreme Court of Iowa · 1892
- Emery v. Ocean Accident & Guarantee Corp.Michigan Supreme Court · 1920
9 more not listed; retrieve them via the Exa API.