Hygum v. Ætna Insurance
Supreme Court of Iowa
Appeal from Dubuque City Court. The facts necessary to an understanding of the case are stated in the opinion of the Court. contended: 1. That the 6th section of the by-laws of the Dubuque Mutual Insurance Company did not render the policy issued to a party already assured without a compliance with the requisition therein provided, absolutely void: 2. That the by-law itself was void, because it was enacted by aboard of directors who had no power to enact by-laws for the…
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Appeal from Dubuque City Court. The facts necessary to an understanding of the case are stated in the opinion of the Court. contended: 1. That the 6th section of the by-laws of the Dubuque Mutual Insurance Company did not render the policy issued to a party already assured without a compliance with the requisition therein provided, absolutely void: 2. That the by-law itself was void, because it was enacted by aboard of directors who had no power to enact by-laws for the company, citing Ang. & Ames Cor. sec. 327, 328; Parsons Mer. L. 496: 3. That the fact of the printing of the restriction on…
1Opinion of the CourtLowe, C. J.
This action was founded upon a policy of insurance dated January 10th 1859, whereby the defendants *24insured the plaintiff's assignor for one year, against loss by fiye, in the sum of $4000, on their stock of drugs &c., described in survey No. 824, (indorsed $2,000 additional insurance.)
In the policy sued upon it is provided as follows : “And in case of any other insurance upon the property hereby injured, whether prior or subsequent to the date of this policy, the assured shall not, in case of loss or damage, be entitled to demand or recover of this company any greater portion of the loss or…
2Cited by6 opinions
- Nelson v. Nederland Life InsuranceSupreme Court of Iowa · 1900
- Stewart v. Equitable Mutual Life Ass'nSupreme Court of Iowa · 1900
- Wensel v. Property Mutual InsuranceSupreme Court of Iowa · 1906
- David v. Hartford InsuranceSupreme Court of Iowa · 1862
- Southern Nat. Ins. Co. of Austin v. BarrCourt of Appeals of Texas · 1912
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