Lee v. Agricultural Insurance
Supreme Court of Iowa
Appeal from Hamilton District Court. — TIon. John L. Stevens, Judge. Action upon a policy of insurance, insuring certain chattel property against loss by fire or lightning.
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Appeal from Hamilton District Court. — TIon. John L. Stevens, Judge. Action upon a policy of insurance, insuring certain chattel property against loss by fire or lightning. The policy sued upon contains this provision : “If the property, either real or personal, or any part thereof, shall become incumbered by mortgage, judgment or otherwise, the entire policy, and every part thereof, shall be null and void, unless the written consent of the company, at the Chicago office, is obtained.” The defendant answered that subsequent to the execution and delivery of said policy, and prior to the time…
1Opinion of the Court
Given, J. — I.
1. agency:ev¡dence On the trial, H. S. Lee was called as a witness by the plaintiff, and, having testified that h-e was agent for the defendant company,- and had countersigned this policy, stated that his authority was from the company, in writing, and then in his possession, in his pocket. Plaintiff then asked the witness: “Have you authority to cancel policies issued by this company at Webster City?” To which defendant objected as incompetent, and which was sustained, and whereupon plaintiff further inquired: ‘ ‘ Have you, in the course of your agency here, canceled policies…
2Cases cited2 opinions
- Russell v. Cedar Rapids Ins.Supreme Court of Iowa · 1887
- Russell v. Cedar Rapids InsuranceSupreme Court of Iowa · 1889
3Cited by18 opinions
- Raulet v. Northwestern Nat'l Ins. Co. of MilwaukeeCalifornia Supreme Court · 1910
- Born v. Home InsuranceSupreme Court of Iowa · 1900
- United States v. Farmers Mutual Insurance Association of Kiron, IowaCourt of Appeals for the Eighth Circuit · 1961
- Martin v. Capital InsuranceSupreme Court of Iowa · 1892
- Security Ins. v. LairdSupreme Court of Alabama · 1913
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