Van Werden v. Equitable Life Assurance Society
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. From the petition it appears that September 19, 1891, the plaintiff paid to the defendant society the sum of five hundred dollars and forty cents, the same being three annual premiums on a three thousand dollar bond or policy of insurance on his life, which policy was afterwards issued to plaintiff; that on the nineteenth day of September, 1892, the defendant sent to plaintiff a receipt for one hundred and…
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Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. From the petition it appears that September 19, 1891, the plaintiff paid to the defendant society the sum of five hundred dollars and forty cents, the same being three annual premiums on a three thousand dollar bond or policy of insurance on his life, which policy was afterwards issued to plaintiff; that on the nineteenth day of September, 1892, the defendant sent to plaintiff a receipt for one hundred and sixty-six dollars and eighty cents, being the annual premium due on that date; that on September 19, 1898, the defendant…
1Opinion of the CourtGranger, J.
1 I. It is urged that the amended and substituted petition did not differ, in any essential particular, from the original, and that the ruling of Judge Holmes, if not appealed from, should be regarded as the law of the case. It will be remembered that a new petition was filed, to which appellant filed a demurrer. It was the act of appellant, in filing the second demurrer, that necessitated a ruling by the court. The issue of law presented, required the judgment of the court upon it, and we know of no rule of law or practice to guide to .a conclusion, except the convictions of the judge…
2Cases cited13 opinions
- Richman v. Supervisors Muscatine CountySupreme Court of Iowa · 1889
- Standley v. Northwestern Mutual Life InsuranceIndiana Supreme Court · 1884
- Hoffman v. John Hancock Mutual Life InsuranceSupreme Court of the United States · 1876
- McKee v. Phœnix InsuranceSupreme Court of Missouri · 1859
- Alabama Gold Life Insurance v. GarmanySupreme Court of Georgia · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Brownell Combs, Ii, Administrator C.T.A. Of the Estate of Leslie Combs, Ii, Deceased v. International Insurance CompanyCourt of Appeals for the Sixth Circuit · 2004
- Mutual Reserve Fund Life Ass'n v. FerrenbachCourt of Appeals for the Eighth Circuit · 1906
- Washington Life Ins. Co. v. LovejoyCourt of Appeals of Texas · 1912
- Supreme Council A. L. H. v. BlackCourt of Appeals for the Third Circuit · 1903
- Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916
15 more not listed; retrieve them via the Exa API.