Legal Opinion

Bartholomew v. Merchants' Insurance

Supreme Court of Iowa

Decided July 23, 1868PublishedCited by 11 opinions

Appeal from Henry District Court. Insurance : powers of agents : applications : filling UP OF INSTRUCTIONS Í ACTIONS ON INSURANCE POLICY, ETC.The petition alleges, that, on the 25th day of April, 1865, the defendant (incorporated by the laws of Illinois, and located at Qnincy in that State) issued a policy of insurance to the plaintiff, to date from April 19, 1865, and to continue in force for one year.

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Appeal from Henry District Court. Insurance : powers of agents : applications : filling UP OF INSTRUCTIONS Í ACTIONS ON INSURANCE POLICY, ETC.The petition alleges, that, on the 25th day of April, 1865, the defendant (incorporated by the laws of Illinois, and located at Qnincy in that State) issued a policy of insurance to the plaintiff, to date from April 19, 1865, and to continue in force for one year. That by the policy the defendant agreed to insure the plaintiff against loss or damage by fire to the amount of $400, on his store building in the town of Independence, Yan Burén county, Iowa,…

1Opinion of the Court

Dillon, Oh. J.

1áppiicatí?nf: Statement cnmKnce™' I. The numerous errors assigned relate to the rulings of the court in the reception and rejection evidence on the trial, and to instructions given, refused and modified. It would be prolix to allude to these in detail. They present, in various forms, the same questions, and these questions are, in substance: What, as respect the plaintiff, were the powers of the agent, Stevens ? Were the company affected by the alleged verbal communication of knowledge of the incumbrances to Stevens, he having failed to insert a truthful answer in this respect…

2Cases cited2 opinions

  1. Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
  2. Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864

3Cited by11 opinions

  1. Viele v. Germania InsuranceSupreme Court of Iowa · 1868
  2. Queen Insurance v. YoungSupreme Court of Alabama · 1888
  3. Indiana Insurance v. HartwellIndiana Supreme Court · 1890
  4. Sullivan v. Phenix InsuranceSupreme Court of Kansas · 1885
  5. Williams v. Niagara Fire Ins.Supreme Court of Iowa · 1879

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