Phœnix Insurance v. Dankwardt
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. Action in equity. One Charles O. Dankwardt had a policy of insurance issued by the plaintiffs on property which was destroyed by fire. In November, 1867, the plaintiffs paid said Dankwardt the amount due on the policy, being induced to do so through the ■fraudulent conduct of the said Dankwardt.
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Appeal from Des Moines Circuit Court. Action in equity. One Charles O. Dankwardt had a policy of insurance issued by the plaintiffs on property which was destroyed by fire. In November, 1867, the plaintiffs paid said Dankwardt the amount due on the policy, being induced to do so through the ■fraudulent conduct of the said Dankwardt. This action was commenced against him to recover the amount so paid, and he having died pending the action the present defendants were' substituted in his stead. Judgment having been rendered in their favor, the plaintiff appeals.
1Opinion of the CourtSeevers, J.
“ After the case had been partly tried by the introduction of evidence,” the defendants asked leave to file an “ amended and further answer ” setting up the statute of limitations of five years, which had not been pleaded. The plaintiff objected to the filing of such defense, but the objection was overruled and the answer permitted to be filed, to which the plaintiff excepted, and thereupon filed a replication setting up that the fraud alleged in the petition was not discovered until March, 1873, and the action was commenced in the month of May following. To such replication the defendants…
2Cases cited2 opinions
- Relf v. EberlySupreme Court of Iowa · 1867
- Brown v. BrownSupreme Court of Iowa · 1876
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