Niagara Insurance v. Rodecker
Supreme Court of Iowa
Appeal from, Guthrie District Oou/rt. The plaintiff is a corporation in tbe state of New Fork, .doing business in Iowa. On the 28th day of January, 1876, by its policy of insurance, the plaintiff undertook to insure the defendants against loss by fire, in the sum of $3,000, upon a certain building, with a stock of goods therein, situated in the town of Stuart, Guthrie county, Iowa.
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Appeal from, Guthrie District Oou/rt. The plaintiff is a corporation in tbe state of New Fork, .doing business in Iowa. On the 28th day of January, 1876, by its policy of insurance, the plaintiff undertook to insure the defendants against loss by fire, in the sum of $3,000, upon a certain building, with a stock of goods therein, situated in the town of Stuart, Guthrie county, Iowa. In June, 1876, the defendants commenced an action against plaintiff in the Guthrie District Court upon said policy of insurance, making the proper averments as to the destruction of said building and stock by fire,…
1Opinion of the CourtRotiirock, J.
i judgment: ' oniei'oi i°nqmry. I. No evidence was taken as to the validity of the defense set up in the answer accompanying the petition set asid° the default and judgment. The court below seems to have proceeded first to try and decide upon the grounds to vacate the judgment, before trying or deciding upon the validity of the defense. This may be done under Sec. 3160 of the Code. Having decided that the grounds to vacate were not sufficient, it was unnecessary to go into the inquiry as to the validity of the defense.
• If it had been found that the company was not negligent in law or fact,…
2Cited by7 opinions
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- Turner v. Threshing MacHine Co.Supreme Court of North Carolina · 1903
- German Bank v. American Fire InsuranceSupreme Court of Iowa · 1891
- Sioux City Vinegar Manufacturing Co. v. BoddySupreme Court of Iowa · 1899
- Miller v. . CurlSupreme Court of North Carolina · 1913
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