Legal Opinion

Mitchell v. Home Insurance

Supreme Court of Iowa

Decided October 18, 1871PublishedCited by 22 opinions

Appeal from Webster Circuit Cowri. Action upon a policy of insurance issued to Thompson & Co., and assigned to plaintiff. The policy is upon a two-story frame building, situated upon the north side of the public square in Fort Dodge, Iowa, and occupied as a paint shop. So far as the facts of the case can be gathered from the abstract submitted, they are that one Gr.

Read the full summary

Appeal from Webster Circuit Cowri. Action upon a policy of insurance issued to Thompson & Co., and assigned to plaintiff. The policy is upon a two-story frame building, situated upon the north side of the public square in Fort Dodge, Iowa, and occupied as a paint shop. So far as the facts of the case can be gathered from the abstract submitted, they are that one Gr. W. Henry owned the real estate upon which the building in question was subsequently erected, and leased the same to J. E. Dain by written lease. Afterward the property was leased to Thompson & Co., by Dain it would seem, but it…

1Opinion of the Court

Day, Ch. J.

The material errors alleged will be briefly considered.

1. insurance : notice of loss. I.The first error assigned is, that the court erred in not setting aside the Verdict and granting a new trial for want of sufficient evidence. Appellant in-g^s eTj(Jence ¿lues not show any notice given of the loss, or proof thereof; that it does not show that plaintiff ever had any insurable interest in the property destroyed; that it does not show that there ever was any consent in writing, on the policy, of the assignment from Thompson & Co. to plaintiff. We will consider these objections as…

2Cited by22 opinions

  1. Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
  2. Hessen v. Iowa Automobile Mutual InsuranceSupreme Court of Iowa · 1922
  3. Bottorff v. LewisSupreme Court of Iowa · 1903
  4. Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
  5. Works v. HersheySupreme Court of Iowa · 1872

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API