Hagan v. Merchants & Bankers' Insurance
Supreme Court of Iowa
Appeal from Henry District Court. — Hon. Charles D. Leggett, Judge. Action upon a policy of insurance against loss by fire. Tbe petition alleges the issuing of tlie policy, the loss of the property by fire, the value thereof, and notice and proof of loss within sixty days. The policy .and copy of application attached is set out as an exhibit to the petition.
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Appeal from Henry District Court. — Hon. Charles D. Leggett, Judge. Action upon a policy of insurance against loss by fire. Tbe petition alleges the issuing of tlie policy, the loss of the property by fire, the value thereof, and notice and proof of loss within sixty days. The policy .and copy of application attached is set out as an exhibit to the petition. In the description, in the application, of the building in which the insured merchandise was •contained, the question, “ Material of roof” is answered, “Iron and shingle,” and in the policy it is written, “Iron roof and shingle building.”…
1Opinion of the CourtGiven, J.
i. Eire insur-tt&nofwritten plead™!?181 evidence. I. On the trial, plaintiff offered in evidence the policy, and copy of application attached, to which defendant objected, on the ground that it was apparent on the face of the instruments that they had been changed; wherefore the burden was on plaintiff to account for the change before he could introduce the instruments in evidence, and also upon the ground that plaintiff confessed the change in his reply, and had not *328offered, evidence tending to avoid it. Tliis objection was overruled. The defendant asked an instruction to the effect that, if…
2Cases cited8 opinions
- Bennett v. Council Bluffs Ins.Supreme Court of Iowa · 1887
- Boetcher v. Hawkeye InsuranceSupreme Court of Iowa · 1877
- Bish v. Hawkeye Ins.Supreme Court of Iowa · 1886
- Jordan v. State InsuranceSupreme Court of Iowa · 1884
- Jones v. IrelandSupreme Court of Iowa · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- George H. Fitchner & Co. v. Fidelity Mutual Fire Ass'nSupreme Court of Iowa · 1897
- First National Bank v. FordWyoming Supreme Court · 1923
- Commercial Fire Insurance v. Morris & Co.Supreme Court of Alabama · 1894
- McCarty v. Piedmont Mutual Ins.Supreme Court of South Carolina · 1908
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
36 more not listed; retrieve them via the Exa API.