Hewitt v. Watertown Fire Insurance
Supreme Court of Iowa
Appeal from Fayette District Oov/rt. Action on a policy of insurance against loss by fire. The property insured consisted of a dwelling-house and household furniture, provisions and wearing apparel therein, “ grain in stacks and granary on farm,” and horses on “ farm and commons.” The property destroyed by fire consisted of one hundred and fifty bushels of unthreshed flax in stack on the farm. The flax was “ raised solely for seed, and not for the fiber thereof.”
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Appeal from Fayette District Oov/rt. Action on a policy of insurance against loss by fire. The property insured consisted of a dwelling-house and household furniture, provisions and wearing apparel therein, “ grain in stacks and granary on farm,” and horses on “ farm and commons.” The property destroyed by fire consisted of one hundred and fifty bushels of unthreshed flax in stack on the farm. The flax was “ raised solely for seed, and not for the fiber thereof.” The defendant demurred to the petition on the. ground that the loss of flaxseed was not within the terms of the policy. The…
1Opinion of the CourtSeevers, J.
i insurance-o?poucy1:011 gram.. The sole question to be determined is whether the word grain as used by the parties includes flaxseed, Wr. Webster says: “Grain signifies corn in geiieral> or the fruit of certain plants which constitute the chief food of man and beast, as wheat, rye, barley, oats and maize.” It does not necessarily follow from the fact that certain kinds of grain are named that there' may not be others that as clearly come within the definition as those named. Certainly buckwheat is grain, although not specially named. It is so because it is clearly an article of food when…
2Cases cited1 opinion
- Decatur Bank v. St. Louis BankSupreme Court of the United States · 1875
3Cited by5 opinions
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- Rickel v. Republic Mutual Fire InsuranceSupreme Court of Kansas · 1929
- Marsh Oil Co. v. Aetna InsuranceMissouri Court of Appeals · 1899