Critchett v. American Insurance
Supreme Court of Iowa
Appeal from Mahaska District Oowrt. Action upon a policy of insurance. The defendant alleges that the plaintiff was in default at the time of the loss by reason of the non-payment of an installment of the premium. For a jiortion of the premium the company had taken the . plaintiff’s note, whereby he had obligated himself to pay the company three dollars upon the first day of Nov., 1876, and the same amount upon the first day of November in each of the three succeeding years.
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Appeal from Mahaska District Oowrt. Action upon a policy of insurance. The defendant alleges that the plaintiff was in default at the time of the loss by reason of the non-payment of an installment of the premium. For a jiortion of the premium the company had taken the . plaintiff’s note, whereby he had obligated himself to pay the company three dollars upon the first day of Nov., 1876, and the same amount upon the first day of November in each of the three succeeding years. The policy contained a provision in these words: “If default shall be made by the assured in the payment of any…
1Opinion of the Court
Adams, Oh. J.
1. INSURANCE' pajonentof ?ensiunnol0X’ time by agent. The plaintiff claims that he was not in default at the time the loss occurred, notwithstanding the nonpayment of the installment, which, by the terms r J T note> fell due oh the first day of Nov., 1876. He claims that the company had extended fame of payment. As evidence of such extension he testified that one Kennedy, the agent of the company at Oskaloosa, near where he resided, agreed with him after the installment became due to extend the time of payment until he (plaintiff) should receive a certain pension; that he…
2Cases cited8 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Bouton v. American Mutual Life InsuranceSupreme Court of Connecticut · 1857
- Walsh v. Ætna Life InsuranceSupreme Court of Iowa · 1870
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3Cited by9 opinions
- Weidert v. State Insurance Co.Oregon Supreme Court · 1890
- Merchants' Planters' Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Long Creek Building Ass'n v. State InsuranceOregon Supreme Court · 1896
- Hacheny & Beno v. LearyOregon Supreme Court · 1885
- Armstrong v. State Ins.Supreme Court of Iowa · 1883
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