Cushman v. Carbondale Fuel Co.
Supreme Court of Iowa
Appeal from Polls District Court. — Hon. A. H. McVey, Judge. The London Guarantee & Accident Company, Limited, executed to tbe Carbondale Fuel Company a contract of indemnity, which provided that no assignment of interest therein should be made without the written consent of the guarantee company, and that no action should lie against the company for loss under the contract, unless brought “by the assured himself to reimburse him for loss actually sustained and paid iii…
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Appeal from Polls District Court. — Hon. A. H. McVey, Judge. The London Guarantee & Accident Company, Limited, executed to tbe Carbondale Fuel Company a contract of indemnity, which provided that no assignment of interest therein should be made without the written consent of the guarantee company, and that no action should lie against the company for loss under the contract, unless brought “by the assured himself to reimburse him for loss actually sustained and paid iii satisfaction of a judgment after trial of the issue.” The plaintiff, in an action antecedent to this one, brought against…
1Opinion of the CourtSheewiN, J.
Tbe obligation of tbe guarantee company was for tbe protection of tbe fuel company alone. Tbe plaintiff was not a party to tbe contract, and bad no legal 'rights thereunder. While tbe policy provided-that tbe guarantee company might appear and defend for tbe fuel company in any action brought against it for personal injuries, such provision was for tbe protection of tbe guarantee company alone, and imposed no liability upon it beyond the terms of tbe contract. A court of equity can no more disregard tbe express provisions of tbe contract than could a court of law, and neither can make a new…
2Cases cited8 opinions
- Frye v. Bath Gas & Electric Co.Supreme Judicial Court of Maine · 1903
- Homer v. Savings BankSupreme Court of Connecticut · 1829
- Travellers Insurance v. MosesSupreme Court of New Jersey · 1901
- Bain v. AtkinsMassachusetts Supreme Judicial Court · 1902
- Hunt v. New Hampshire Fire Underwriters' Ass'nSupreme Court of New Hampshire · 1895
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3Cited by40 opinions
- Patterson v. AdanSupreme Court of Minnesota · 1912
- Connolly v. BolsterMassachusetts Supreme Judicial Court · 1905
- Kuntz v. SpenceTexas Commission of Appeals · 1934
- Clark v. Bonsal & Co.Supreme Court of North Carolina · 1911
- Kinnan v. Charles B. Hurst Co.Illinois Supreme Court · 1925
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