Hawkeye Insurance Co. v. Erlandson
Supreme Court of Iowa
Appeal From Polk District Court. — Hon. Challes "A. Bishop, Judge. Action originally brought before a justice 'of the peace upon two promissory notes. There was an appeal to the district court, and a judgment therein on a verdict for the plaintiff rendered under direction of the court. The defendant appeals.
1Opinion of the CourtBeck, C. J.
I. In defense, to the action the defendant pleaded that the promissory notes were given for the premiums upon a policy of insurance issued by the plaintiff to the defendant, which contains conditions that it should be “null and void” if the interest of the assured in the property covered by the policy was not absolute and unqualified, unless otherwise specified in the policy; that it is based upon the application for the insurance, which is to be taken as a part of the policy, and as a warranty of the assured, and that any false or untrue statements therein render the policy “null and void;”…
2Cases cited4 opinions
- White v. BeattySupreme Court of Iowa · 1884
- Dawley v. HouckSupreme Court of Iowa · 1880
- Fitch v. FlynnSupreme Court of Iowa · 1882
- Bensley v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1890
3Cited by3 opinions
- Lowery v. State Life InsuranceIndiana Supreme Court · 1899
- Huber v. BeckIndiana Court of Appeals · 1893
- Chandler v. LoomisSupreme Court of Iowa · 1893