Houdeck v. Merchants & Bankers Insurance
Supreme Court of Iowa
Appeal from Benton District Court. — Hon. Gf. W. Burn-ham, Judge. Action at law upon a policy of insurance issued to Y. Houdeck; loss, if any, made payable to Paulicek as her interest may appear at time of loss. Defense, a breach of condition against incumbrances. Trial to a jury, directed verdict for plaintiffs, and defendant appeals. —
1Opinion of the CourtDeemer, J.
1 The issuance of the policy, the destruction of the property insured by fire, and the performance of all the conditions precedent to plaintiffs’ right to recover, are admitted. It is also admitted that after the execution of the policy the assured placed two mortgages upon the property, for the sums of three hundred dollars and four hundred and sixty-five dollars, respectively. Appellant had no notice of the giving of these instruments, and did not consent to the execution thereof. The policy contained this, among other provisions: “This contract shall be void and of no effect, unless…
2Cases cited7 opinions
- Home Insurance v. Baltimore Warehouse Co.Supreme Court of the United States · 1876
- Davidson v. Old People's Mutual Benefit SocietySupreme Court of Minnesota · 1888
- Philbrook v. New England Mutual Fire InsuranceSupreme Judicial Court of Maine · 1853
- Harris & Cole Bros. v. Royal Canadian InsuranceSupreme Court of Iowa · 1880
- Fodness v. JuelfsSouth Dakota Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Niagara Fire Insurance Co. v. MullinsCourt of Appeals of Kentucky (pre-1976) · 1927
- Peterson v. Universal Automobile InsuranceIdaho Supreme Court · 1933
- Kenny v. Bankers Accident InsuranceSupreme Court of Iowa · 1907
- Lynch v. Egypt Coal Co.Supreme Court of Iowa · 1921
7 more not listed; retrieve them via the Exa API.