Turner v. Hartford Fire Insurance
Supreme Court of Iowa
Appeal from Appanoose District Court. — Seneca Cornell, Judge. Suit at law on an insurance policy for damages alleged to have been done to a building by lightning. One defense was by pleading, in answer filed on the law side, that there had been a common-law arbitration; that the award resulting was conclusively binding on the parties; and that tender of the amount awarded had been duly made and kept good.
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Appeal from Appanoose District Court. — Seneca Cornell, Judge. Suit at law on an insurance policy for damages alleged to have been done to a building by lightning. One defense was by pleading, in answer filed on the law side, that there had been a common-law arbitration; that the award resulting was conclusively binding on the parties; and that tender of the amount awarded had been duly made and kept good. A reply to this answer, also filed on the law side, urged various avoidances to said award, and made the ultimate claim that the same is null and void. The case was tried to the court…
1Opinion of the CourtSalinger, J.
1. Appeal and error : matters reviewable : sufficiency o£ record. I. Many attacks upon the appraisement and the award are grounded upon assertions that certain things were done and others omitted. If it be assumed that doing and not doing these things would constitute valid objections, these attacks are futile, because the record does not show that these things were done or not done.
Arbitration AND AWARD : submission: notice of meetings: introduction of evidence. II. One attack is that no notice of thé time and place of the meeting of the two original arbitrators was ever given to plaintiff.…
2Cases cited17 opinions
- George v. Iowa & Southwestern Railway Co.Supreme Court of Iowa · 1918
- Adams v. New York Bowery Fire InsuranceSupreme Court of Iowa · 1892
- Schaefer v. Anchor Mutual Fire InsuranceSupreme Court of Iowa · 1904
- Vincent v. Germah InsuranceSupreme Court of Iowa · 1903
- Thompson v. BlanchardSupreme Court of Iowa · 1855
12 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Central Life Insurance Co. v. Aetna Casualty & Surety Co.Supreme Court of Iowa · 1991
- Bean v. BickleySupreme Court of Iowa · 1919
- In Re Estate of FerrisSupreme Court of Iowa · 1944
- Lee v. Providence Washington InsuranceMontana Supreme Court · 1928
- Britven v. Occidental InsuranceSupreme Court of Iowa · 1944
10 more not listed; retrieve them via the Exa API.