Ross v. Hawkeye Insurance
Supreme Court of Iowa
Appeal from Shelby District Court. — How. ..Walter I Smith, Judge. Action to recover upon a policy of insurance against loss by fire.
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Appeal from Shelby District Court. — How. ..Walter I Smith, Judge. Action to recover upon a policy of insurance against loss by fire. Plaintiff alleges that the merchandise and fixtures insured were destroyed by fire on or about the first day of July,' 1889. Defendant answered, admitting the policy, that the fire damaged some of the insured property, and denying that the fire occurred on the first day of July, 1889. Appellant alleges as defenses, in substance, as follows: That the policy sued on was issued in consideration of a promissory note of the plaintiff in words and figures, as…
1Opinion of the CourtGiven, C. J.
I. The evidence shows without conflict that the loss occurred on July 2,1889, and the court SO' instructed the, jury. The premuim note fell due on July 1, 1889, and was unpaid at the time of the fire, wherefor appellant claims that the policy was, by reason of said condition therein, and in the note, and the service of said notice, suspended at the time of the loss. Appellant's first contention in argument is that sections 1, 2, chapter 210, Acts of the Eighteenth General Assembly, providing that such policies shall not be *225declared forfeited or suspended for nonpayment of 1 premium until…
2Cases cited9 opinions
- Ross v. Hawkeye InsuranceSupreme Court of Iowa · 1891
- Edwards v. CosgroSupreme Court of Iowa · 1887
- Hoyt v. HoytSupreme Court of Iowa · 1886
- Iowa Homestead Co. v. DuncombeSupreme Court of Iowa · 1879
- Benjamin v. SheaSupreme Court of Iowa · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Farmers Insurance Group v. MerryweatherSupreme Court of Iowa · 1974
- State v. GibsonSupreme Court of Iowa · 1919
- City of Hackensack v. RubinsteinSupreme Court of New Jersey · 1962
- Ford v. GenereuxSupreme Court of Colorado · 1939
- Texas Real Estate Commission v. HowardCourt of Appeals of Texas · 1976
9 more not listed; retrieve them via the Exa API.