Carter v. Humboldt Fire Insurance
Supreme Court of Iowa
Appeal from Dubuque City Court. The petition in this case is founded upon a policy of insurance issued by defendant to Messrs. Berry & Playter, on the 20th day of October, 1857, to secure them to the amount of two thousand dollars against loss by fire. The interest insured was a mechanic’s lien upon the premises, on which the St. Cloud Hotel was erected in the city of Dubu-que.
Read the full summary
Appeal from Dubuque City Court. The petition in this case is founded upon a policy of insurance issued by defendant to Messrs. Berry & Playter, on the 20th day of October, 1857, to secure them to the amount of two thousand dollars against loss by fire. The interest insured was a mechanic’s lien upon the premises, on which the St. Cloud Hotel was erected in the city of Dubu-que. The loss occured in January, 1858, a statement of which, duly verified, was at once presented to defendant. In March, 1858, said Berry & Playter commenced a proceeding to establish their mechanic's lien which was duly…
1Opinion of the CourtLowe, C. J.
In the consideration of this case, we are limited to those questions under the demurrer which refer themselves to the substance of the action, and not those which can only be taken advantage of by motion, or by way of defense.
*291The principal and most important question is, whether a mechanic’s lien is an insurable interest. Insurance is a contract of indemnity with a person, who has an interest in the preservation of the property, 3 Met., 66; or a limited, qualified interest in property, or any reasonable expectation of property, or advantage to be derived from property, is insurable. Angelí on…
2Cases cited2 opinions
- President of the Bank of Vincennes v. StateIndiana Supreme Court · 1823
- Walters v. Washington Ins.Supreme Court of Iowa · 1855
3Cited by27 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Sanford v. Royal InsuranceWashington Supreme Court · 1895
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
- East Texas Fire Ins.v. CoffeeTexas Supreme Court · 1884
- Harrison v. Hartford Fire InsuranceSupreme Court of Iowa · 1897
22 more not listed; retrieve them via the Exa API.