Legal Opinion

West v. Farmers' Mutual Insurance

Supreme Court of Iowa

Decided May 21, 1902PublishedCited by 12 opinions

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

  1. Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
  2. Manwaring v. JenisonMichigan Supreme Court · 1886
  3. Turner v. WentworthMassachusetts Supreme Judicial Court · 1876
  4. Thielman v. CarrIllinois Supreme Court · 1874
  5. Thomson v. SmithSupreme Court of Iowa · 1900

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3Cited by12 opinions

  1. Arkansas Power & Light Co. v. CatesSupreme Court of Arkansas · 1930
  2. Pittsburg Plate Grass Co. v. LearySouth Dakota Supreme Court · 1910
  3. State Security Bank v. HoskinsSupreme Court of Iowa · 1906
  4. Speer v. DonaldSupreme Court of Iowa · 1926
  5. Swanson v. BaldwinSupreme Court of Iowa · 1958

7 more not listed; retrieve them via the Exa API.

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