State Insurance Co. v. Lock
Supreme Court of Iowa
Appeal from Des Moines Municipal Court. — T. L. Sellers, Judge. Action at law to recover upon defendant’s note or agreement in an application for insurance to pay premium. Plaintiff claims that $90 is due. Defendant alleges that the consideration for the note has wholly failed, for that the application was never accepted by a delivery of the policy to him.
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Appeal from Des Moines Municipal Court. — T. L. Sellers, Judge. Action at law to recover upon defendant’s note or agreement in an application for insurance to pay premium. Plaintiff claims that $90 is due. Defendant alleges that the consideration for the note has wholly failed, for that the application was never accepted by a delivery of the policy to him. By way of counterclaim, defendant says that, if the policy was in force, insuring him against loss of his crops by hail, then he is entitled to recover, from the plaintiff $500 for loss of crops: $150 for loss in July and $350 in August. He…
1Opinion of the CourtPreston, J.
1- acceptance** of application. Defendant resides on his farm, about a mile and a half from Lenox, Iowa. On June 2,1919, he made application, through plaintiff’s agent at Lenox, for hail insurance on his crops for indemnity against loss by hail between June 23d and September 20th of that year, application, signed by defendant, recites that his post-office address is Lenox, E. F. D. No., and that, if a policy is issued upon the application, he agrees to accept the same, subject to the provisions and stipulations herein stated. The application further recites that, in 'consideration thereof, he…
2Cases cited13 opinions
- Watson v. RichardsonSupreme Court of Iowa · 1899
- Kilborn v. Prudential InsuranceSupreme Court of Minnesota · 1906
- Unterharnscheidt v. Missouri State Life InsuranceSupreme Court of Iowa · 1912
- Ruthven Bros. v. American Fire InsuranceSupreme Court of Iowa · 1897
- Green v. Des Moines Fire InsuranceSupreme Court of Iowa · 1891
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3Cited by3 opinions
- Hruska v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1927
- Woodard v. Security InsuranceSupreme Court of Iowa · 1926
- Miller v. Mutual Fire & Tornado Ass'nSupreme Court of Iowa · 1935