Legal Opinion

Fuller v. Phœnix Ins.

Supreme Court of Iowa

Decided June 14, 1883PublishedCited by 8 opinions

Appeals from Worth Circuit Court. These actions are founded upon policies of insurance against loss by fire. The policies are alike in all material -respects, and'the cases present the same questions, and were submitted upon the same arguments, with the agreement that' the decision in this court of one case shall determine the other.

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Appeals from Worth Circuit Court. These actions are founded upon policies of insurance against loss by fire. The policies are alike in all material -respects, and'the cases present the same questions, and were submitted upon the same arguments, with the agreement that' the decision in this court of one case shall determine the other. The petitions elaimed to recover under the policies for the loss by fire of certain personal property owned by the plaintiffs: There were demurrers to the petitions, which were sustained. Plaintiffs appeal. The facts appear in the opinion.

1Opinion of the CourtBotiibook, J.

*3511. insurto'varytems waiver?7' *350— I. For convenience of statement in the *351discussion of the questions involved, the two cases will -be considered as one. The petition states, in substance, that one Ashem owned or controlled a warehouse, in which he was employed in the business of handling, storing and selling agricultural implements on commission for the plaintiffs, and that he also had certain agricultural implements of his own in the said warehouse, and that, by virtue of a contract with the plaintiffs, Ashem was to have the goods belonging to the plaintiffs insured, aiid in pursuance of said…

2Cases cited4 opinions

  1. Viele v. Germania InsuranceSupreme Court of Iowa · 1868
  2. Peoria Marine & Fire Insurance v. HallMichigan Supreme Court · 1864
  3. Anson v. Winnesheik Ins.Supreme Court of Iowa · 1867
  4. Shaw v. Ætna InsuranceSupreme Court of Missouri · 1872

3Cited by8 opinions

  1. Syndicate Ins. v. BohnCourt of Appeals for the Eighth Circuit · 1894
  2. Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
  3. Hebner v. Palatine InsuranceIllinois Supreme Court · 1895
  4. Baldwin v. German InsuranceSupreme Court of Iowa · 1898
  5. Niedringhaus v. Aetna InsuranceAppellate Court of Illinois · 1925

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