First National Bank of Iowa City v. Charter Oak Insurance
Supreme Court of Iowa
Appeal from Johnson District Con/rt. Aotion on a policy of insurance upon the joint lives of Charles W. Burlingame and Loretta C. Burlingamé, for the sum of $5,000, to be paid to the survivor upon the death of either. There was a verdict and judgment for plaintiff, the assignee of the policy. Defendant appeals. The facts of the case necessary to a proper understanding of tbe points ruled in tbe opinion appear therein.
1Opinion of the CourtBeck, J.
Tbe answer of defendant sets up, as a defense, false representations made by tbe assured as to tbe age of Loretta 0. Burlingame, upon whose death plaintiff claims to recover tbe amount of tbe policy. These representations are in tbe nature of warranties upon which tbe policy was issued, and represent tbe deceased to have been of the age of thirty-four years, whereas, as alleged by tbe answer, she was forty. Other matters were pleaded in defense that need not be here stated, as tbe breach of the warranty of tbe age of deceased is only involved in tbe issues of fact brought before us. There is…
2Cited by7 opinions
- State v. EvansOregon Supreme Court · 1920
- Bryson v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1894
- Boggess v. ReadSupreme Court of Iowa · 1891
- Eastman v. MillerSupreme Court of Iowa · 1901
- Mulvaney v. BurroughsSupreme Court of Iowa · 1911
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