Insurance Co. of North America v. Sperry & Hutchison Co.

GARFIELD, Chief Justice.

This is an interlocutory appeal by plaintiff granted by us under Rule 332, Rules of Civil Procedure, from an order under Rule 236 R.C.P. setting aside a default judgment in plaintiff’s favor. There is little, if any, dispute in the record facts pertinent to the appeal.

On August' 13, 1968 plaintiff, Insurance Company of North America, filed its petition at law in the district court at Ottum-wa against Sperry & Hutchison Company, herein called S & H, to recover $89,843.50 as subrogee of Baker Music &■ Appliance and the owner of the building in which it was located in…