Legal Opinion

Greenlee v. Mosnat

Supreme Court of Iowa

Decided May 14, 1902PublishedCited by 27 opinions

Appeal from Benton District Court.- — Hon. G. W. Burn-ham, Judge. Tiie plaintiff employed defendant to collect the indemnity owing him on five policies of insurance, which the latter succeeded in accomplishing, after extended litigation.

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Appeal from Benton District Court.- — Hon. G. W. Burn-ham, Judge. Tiie plaintiff employed defendant to collect the indemnity owing him on five policies of insurance, which the latter succeeded in accomplishing, after extended litigation. See Greenlee v. Insurance Go., 102 Iowa, 427; Greenlee v. Insurance Go., 102 Iowa, 260; Greenlee v. Insurance Go., 103 Iowa, 484; Greenlee v. Insurance Go., 104 Iowa, 481. The claim against the Dubuque Fire & Marine Insurance Company was determined by the decision first mentioned. On the four policies other than that of the Hanover Insurance Company the…

1Opinion of the Court

Ladd, C. J. —

'Whether defendant agreed to collect the amounts owing plaintiff on the policies of insurance for a compensation of 10 per cent, of the amount received-.was in dispute, and was the only issue submitted to the jury. The defendant pleaded an accord and satisfaction, and testified, in substance, that on November 12, 1897, Greenlee first inquired what his charge would be, and was told that Mosnat would retain the accrued interest as compensation for his services, and pay over the face of the policies; that a few days afterwards Greenlee asserted that the charge was to be 10 per cent,…

2Cases cited13 opinions

  1. Fuller v. . KempNew York Court of Appeals · 1893
  2. Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
  3. Chicago, Milwaukee & St. Paul Railway Co. v. ClarkSupreme Court of the United States · 1900
  4. United States v. Child & Co.Supreme Court of the United States · 1871
  5. Hargroves v. CookeSupreme Court of Georgia · 1854

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3Cited by27 opinions

  1. Redmond & Co. v. Atlanta & Birmingham Air-Line RailwaySupreme Court of Georgia · 1907
  2. Ryan v. Progressive Retailer Publishing Co.Court of Appeals of Georgia · 1915
  3. Silander v. GronnaNorth Dakota Supreme Court · 1906
  4. Hanley Co., Inc. v. American Cement Co.Supreme Court of Connecticut · 1928
  5. First State Bank ex rel. Oelke v. WilliamsSupreme Court of Iowa · 1909

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