Legal Opinion

Davidson v. Hawkeye Ins

Supreme Court of Iowa

Decided March 19, 1887PublishedCited by 27 opinions

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

  1. Kempton v. State Ins.Supreme Court of Iowa · 1883

3Cited by27 opinions

  1. Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
  2. Kintzel v. Wheatland Mutual Insurance Ass'nSupreme Court of Iowa · 1973
  3. Brady v. WelshSupreme Court of Iowa · 1925
  4. Whitney v. Employers Indemnity Corp.Supreme Court of Iowa · 1925
  5. Smith v. Phœnix InsuranceCalifornia Supreme Court · 1891

22 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API