Esch Bros. v. Home Insurance
Supreme Court of Iowa
Appeal from Jones District Court. — Hon. J. D. Gteein, Judge. This action was originally brought at law by the plaintiffs, Esch Bros., to recover upon a policy of insurance against loss or damage by fire.
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Appeal from Jones District Court. — Hon. J. D. Gteein, Judge. This action was originally brought at law by the plaintiffs, Esch Bros., to recover upon a policy of insurance against loss or damage by fire. The policy set out is as follows: “In consideration of twenty dollars to them paid by the insured hereinbefore named, the receipt whereof is hereby acknowledged, do insure Bridget Donegan against loss or damage by fire and lightning to the -amount of four hundred dollars, for one year, as follows : Four hundred dollars on the two-story frame building used as a restaurant and dwelling,…
1Opinion of the CourtGiven, C. J.
* action at law: amendment I. Following the order pursued in the argument, we first notice appellee’s contention that plaintiffs, having made sworn proofs of loss, and proceeded at law upon the policy, cann°l now maintain this action m equity to reform the policy, and are estopped to deny the correctness of the contract as sued upon. Numerous authorities are cited to the effect that, where *340a party has two inconsistent remedies, he is called upon to elect which he will pursue, and, having elected, he cannot, after defeat, pursue'the other remedy. Such is not this case. The plaintiffs have but…
2Cases cited2 opinions
- Barnes v. Hekla Fire InsuranceSupreme Court of Iowa · 1888
- Longhurst v. Star InsuranceSupreme Court of Iowa · 1865
3Cited by28 opinions
- George H. Fitchner & Co. v. Fidelity Mutual Fire Ass'nSupreme Court of Iowa · 1897
- McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Clarksburg Trust Co. v. Commercial Casualty Ins. Co.Court of Appeals for the Fourth Circuit · 1930
- Anderson v. First Nat. BankNorth Dakota Supreme Court · 1895
- Commercial Casualty Ins. Co. v. LawheadCourt of Appeals for the Fourth Circuit · 1933
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