Barlow v. Grand Lodge Ancient Order of United Workmen
Supreme Court of Iowa
Appeal from Polk District Court. — Chas. A. Dudley, Judge. Suit in equity to recover damages for alleged breach of a contract of insurance, and praying an accounting for the purpose of determining the amount of damage. The trial court dismissed the petition, on the ground that no breach by the defendant was shown. The plaintiff appeals.
1Opinion of the CourtEvans, J.
„ 1. Insurance : mutual benefit breach of eon-tract: measure Of damages. On the question of breach of contract, the case involves precisely the same questions as are considered in the case of Tusant v. Grand Lodge Ancient Order of United Workmen of Iowa, April 4, 1918 (163 N. W. 690). The same acts and the same defendant order are involved in both suits. The plaintiff was a member of the order, and is entitled to the same relief and upon the same grounds as was awarded to the plaintiffs in the Tusant case. The trial court erred, therefore, in finding no breach of contract by the defendant.…
2Cases cited3 opinions
- Fort v. Iowa Legion of HonorSupreme Court of Iowa · 1909
- Van Werden v. Equitable Life Assurance SocietySupreme Court of Iowa · 1896
- Lavalle v. Societe Saint Jean BaptisteSupreme Court of Rhode Island · 1892
3Cited by1 opinion
- Merkel v. MerkelSupreme Court of Iowa · 1955