Legal Opinion

McDonald v. Anchor Mutual Insurance

Supreme Court of Iowa

Decided April 12, 1902PublishedCited by 2 opinions

Appeal from Cherokee District Court. — IIon. F. H. Gaynor, Judge. Action at law ou a policy of fire insurance. Defendant pleaded plaintiff’s failure to pay a premium note. . The case was tried to the court on the pleadings and an agreed statement of the facts, resulting in a judgment for defendant, and plaintiff appeals. —

1Opinion of the Court

Deemer, J. —

June 30 1899, defendant issued the policy in suit. The consideration therefor was a note for $35, due in equal installments, in sixty and ninety days. The first half matured August 30, 1899. The next day defendant notified the plaintiff in writing that the amount was due, and that unless paid within thirty days the policy would be suspended. The notice demanded payment of $15 short rates, if the policy was canceled within the thirty days. A table of short rates was. printed on the policy, and it is admitted that the short rate was not $15 but $14. Plaintiff did not pay the amount…

2Cases cited4 opinions

  1. Born v. Home InsuranceSupreme Court of Iowa · 1900
  2. Boyd v. Cedar Rapids Ins.Supreme Court of Iowa · 1886
  3. Marden v. Hotel Owners' InsuranceSupreme Court of Iowa · 1892
  4. Smith v. Continental Insurance Co.Supreme Court of Iowa · 1899

3Cited by2 opinions

  1. Nolte v. Security InsuranceSupreme Court of Iowa · 1929
  2. Younker v. SusongSupreme Court of Iowa · 1916

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