Levin v. Northwestern Nat. Ins.
U.S. Circuit Court for the District of Northern Iowa
At Raw. On motion to strike reply. Action to recover the value of property destroyed by fire, which was insured by the defendant ’company. The defendant admits the making of the policy sued upon and the destruction of the property by fire.
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At Raw. On motion to strike reply. Action to recover the value of property destroyed by fire, which was insured by the defendant ’company. The defendant admits the making of the policy sued upon and the destruction of the property by fire. The policy contains a provision: “In the event of disagreement as to the amount of loss, the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire, the appraisers together shall then estimate…
1Opinion of the CourtReed, District Judge
(after stating the facts'). Whether or not an award of arbitrators may be successfully assailed in a court of law is a question upon which there is some confusion in the authorities. This arises mainly, if not wholR, from the fact that under the reformed procedure awards have been defeated upon equitable grounds in law actions; but this is because equitable defenses are permissible in such actions under the Code. Any defense, however, to an action upon the award or answer setting up the same, that goes to the jurisdiction of the arbitrators, or that appears upon the face of the award, is…
2Cases cited12 opinions
- Burchell v. MarshSupreme Court of the United States · 1855
- Smith v. McIverSupreme Court of the United States · 1824
- George v. TateSupreme Court of the United States · 1881
- Hartshorn v. DaySupreme Court of the United States · 1857
- Gordon v. United StatesSupreme Court of the United States · 1868
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3Cited by4 opinions
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