Houge v. Saint Paul Fire & Marine Insurance
Supreme Court of Iowa
Appeal from Webster District Court. — C. G. Lee, Judge. This is an action at law to recover the sum of $400 damages, being the amount of a total loss by fire of merchandise covered by a $400 policy of insurance issued by appellant. The defendant sought by counterclaim to recover upon a premium note. The court directed a verdict for plaintiff, and rendered judgment against defendant, appellant, for $400, interest and costs. The defendant appeals.
1Opinion of the CourtPreston, J.
1. Evidence: parol as affecting writing :inducement : representations as to meaning of written clause. 1. Plaintiff alleged the issuance of the policy by appellant in the sum of $400, the total loss of the merchandise covered by the policy, the adjustment of the loss in the sum of $400, and the refusal of the appellant to pay the amount of the loss so adjusted.
Defendant admitted the allegations of the petition and its liability thereunder, except for the facts set forth in its counterclaim. Appellant’s counterclaim was based on a promissory note executed by plaintiff to the Century Insurance…
2Cases cited26 opinions
- McNight v. ParsonsSupreme Court of Iowa · 1907
- George H. Fitchner & Co. v. Fidelity Mutual Fire Ass'nSupreme Court of Iowa · 1897
- Sutton v. GriebelSupreme Court of Iowa · 1902
- Hartford Fire Ins. v. DavenportMichigan Supreme Court · 1877
- Lavalleur v. HahnSupreme Court of Iowa · 1911
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3Cited by3 opinions
- Good Roads Machinery Co. v. OttSupreme Court of Iowa · 1919
- First National Bank v. SmithSupreme Court of Iowa · 1925
- Battin v. Merchants State BankSupreme Court of Iowa · 1926