West v. Farmers' Mutual Insurance
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. H. M. Remley, Judge. Action, tried as in equity, to recover on a policy of fire insurance. From the judgment rendered, both parties appeal. Defendant will be denominated the “appellant,” having first perfected its appeal. —
1Opinion of the Court
Waterman, J. —
Just what right this cause has on the equity calendar, we do not see; for, while defendant was an assessment company, funds had been secured from its members to pay this loss before action brought, and, although the claim made was for a larger amount, the prayer of the petition was for a money judgment only. But the parties agree as to its character, and we shall treat it as they have done.
1 *1512 *148Plaintiff’s house was insured for $1,500 and “its contents” for $600. There was a total loss, which was adjusted by defendant allowing $1,500 for loss on the house, and $303 on contents. In…
2Cases cited17 opinions
- Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
- Manwaring v. JenisonMichigan Supreme Court · 1886
- Turner v. WentworthMassachusetts Supreme Judicial Court · 1876
- Thielman v. CarrIllinois Supreme Court · 1874
- Thomson v. SmithSupreme Court of Iowa · 1900
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3Cited by12 opinions
- Arkansas Power & Light Co. v. CatesSupreme Court of Arkansas · 1930
- Pittsburg Plate Grass Co. v. LearySouth Dakota Supreme Court · 1910
- State Security Bank v. HoskinsSupreme Court of Iowa · 1906
- Speer v. DonaldSupreme Court of Iowa · 1926
- Swanson v. BaldwinSupreme Court of Iowa · 1958
7 more not listed; retrieve them via the Exa API.