Davidson v. Hawkeye Ins
Supreme Court of Iowa
Appeal from Polk Circuit Coitrt. Action upon a policy of fire insurance. There was a trial to a jury, and verdict and judgment were rendered for the defendant. The plaintiff appeals.
1Opinion of the Court
Adams, Ch. J.
1. Fire Insurance: forfeiture by sale: facts constituting sale. I. The court gave a peremptory instruction to render a verdict for the defendant. The plaintiff assigns as error the giving of such instruction. The instruction was given upon the theory that o i j ’ the pleadings and evidence showed conclusively that the plaintiff had violated the policy, and forfeited his rights thereunder, before the loss. The policy con*533tained a condition against selling, conveying or incumbering the property. The defendant contended that the plaintiff violated the condition by entering into a…
2Cases cited1 opinion
- Kempton v. State Ins.Supreme Court of Iowa · 1883
3Cited by27 opinions
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
- Kintzel v. Wheatland Mutual Insurance Ass'nSupreme Court of Iowa · 1973
- Brady v. WelshSupreme Court of Iowa · 1925
- Whitney v. Employers Indemnity Corp.Supreme Court of Iowa · 1925
- Smith v. Phœnix InsuranceCalifornia Supreme Court · 1891
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