Ellis v. State Ins.
Supreme Court of Iowa
Appeal from Appanoose Circuit Court. Action on a policy of insurance against loss by fire on a general stock of merchandise. Trial by jury, verdict and judgment for the plaintiff. The defendant appeals.
1Opinion of the Court
Seevers, JV
— The policy was issued to E. R. Ellis & Co., and assigned to the plaintiff, on December 23 1881.
The policy contained the following provision: “If the title of the property is transferred, encumbered or changed, this policy shall be void.” The defendant sought to prove that the assured, on the sixth day of December, 1881, had executed ¿ mortgage on the insured property, and that the same was an existing encumberance thereon at the time the property was destroyed by fire. The evidence was rejected by the court, as we think, erroneously. Counsel for appellee maintain that the…
2Cited by9 opinions
- Kautz v. Zurich General Accident & Liability InsuranceCalifornia Supreme Court · 1931
- Born v. Home InsuranceSupreme Court of Iowa · 1900
- United States v. Farmers Mutual Insurance Association of Kiron, IowaCourt of Appeals for the Eighth Circuit · 1961
- Collins v. Merchants & Bankers Mutual InsuranceSupreme Court of Iowa · 1895
- Ellis v. State Ins.Supreme Court of Iowa · 1886
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