O'Leary Bros. v. German-American Insurance
Supreme Court of Iowa
Appeal from Iowa District Court. — Hon. S. H. Fair ail, Judge. This action at law was begun April 16, 1892, to recover upon two policies of insurance against loss by fire, issued by the defendant.
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Appeal from Iowa District Court. — Hon. S. H. Fair ail, Judge. This action at law was begun April 16, 1892, to recover upon two policies of insurance against loss by fire, issued by the defendant. One is to . the plaintiff for seven hundred and fifty dollars, on a stock of agricultural implements and goods contained in a certain store building in Williamsburg, Iowa, and the other to D. J. O'Leary for two hundred and sixty dollars on said building, which last-named policy has been assigned to the plaintiffs. The issues will sufficiently appear in the opinion. Verdict and judgment were rendered…
1Opinion of the CourtGiven, J.
*3921 *3932 *391I. Plaintiffs alleged that Roger Swire was an adjusting agent of the defendant, with full *392power to waive proofs of loss, and that he waived proofs of these losses. This was denied, and appellant’s first contention is that there is no legal evidence that Mr. Swire has authority as alleged. Mr. Swire was called by the plaintiffs and testified to the effect that he was and had been special agent of the defendant for Iowa for four years; that the defendant had no state agent or adjuster for Iowa; that his duties were to go to such places in Iowa and do such work as he was instructed to do; that…
2Cases cited16 opinions
- Stone v. Hawkeye Ins.Supreme Court of Iowa · 1886
- Renwick v. BancroftSupreme Court of Iowa · 1881
- Bonham v. Iowa Central InsuranceSupreme Court of Iowa · 1868
- Ruthven Bros. v. American Fire InsuranceSupreme Court of Iowa · 1894
- Hawley v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1886
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Roberts v. WilliamsSupreme Court of Alabama · 1916
- Stevens v. St. Mary's Training SchoolIllinois Supreme Court · 1893
- Boddy v. HenrySupreme Court of Iowa · 1904
- Indian River State Bank v. Hartford Fire InsuranceSupreme Court of Florida · 1903
- Kast v. Miller & LuxCalifornia Supreme Court · 1911
14 more not listed; retrieve them via the Exa API.