Harle, Haas & Co. v. Council Bluffs Ins.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. Action on a policy of insurance against loss by fire, issued by the defendant to one French, who, after the loss, assigned his right of action to the plaintiffs.
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Appeal from Pottawattamie District Court. Action on a policy of insurance against loss by fire, issued by the defendant to one French, who, after the loss, assigned his right of action to the plaintiffs. The defendant pleaded that the premium was not paid in cash, but that the insured gave two notes therefor, and that the policy provides “ that no insurance, whether original or continued, shall be considered as binding until the actual payment óf the premiums; nor shall this company be liable for any loss under this policy occurring when any note, or any part thereof, given for a part or…
1Opinion of the CourtSeevers, J.
This action was submitted to the'court upon an agreed statement of facts, the material portions of which are as follows: The note was due on the first day of April, 1884. On the first day of March, 1884, the defendant notified French in writing that the note would fall due at the time above stated, and that, unless it was paid in thirty days, said policy would be suspended. On the fourteenth day of April, 1884, the defendant notified French that “said note had become due April 1, 1884; -that, unless it was paid within thirty7- days from the date of said notice, said policy would be suspended;…
2Cases cited2 opinions
- Harris & Cole Bros. v. Royal Canadian InsuranceSupreme Court of Iowa · 1880
- Watrous v. Mississippi Valley Ins.Supreme Court of Iowa · 1872
3Cited by2 opinions
- Houdeck v. Merchants & Bankers InsuranceSupreme Court of Iowa · 1897
- Smith v. Continental Insurance Co.Supreme Court of Iowa · 1899