Shloss v. Metropolitan Surety Co.
Supreme Court of Iowa
Appeal from Polh District Court. — IIon. TIugh Brennan, -J udge. Action to recover on a policy of insurance against loss by burglary. A demurrer to defendant’s answer being sustained, and defendant electing to stand upon bis pleading, judgment was rendered for plaintiff, and defendant appeals.
1Opinion of the CourtMcClain, J.
The defenses relied on in the answer and held insufficient on demurrer were: First, that the contract of insurance sued on had been terminated by an adjudication of insolvency in a suit brought by the Attorney General of New York in a court of that state in which the company was a corporation; and, second, that as against plaintiff the defendant, appointed receiver of the company *384under the provisions of the statutes of New York, is entitled to the possession of the assets of the company found in this state, and plaintiff should have prosecuted his claim, if any he had, in the receivership…
2Cases cited21 opinions
- Booth v. ClarkSupreme Court of the United States · 1855
- Hale v. AllinsonSupreme Court of the United States · 1903
- Bernheimer v. ConverseSupreme Court of the United States · 1907
- Relfe v. RundleSupreme Court of the United States · 1881
- Great Western Mining & Manufacturing Co. v. HarrisSupreme Court of the United States · 1905
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3Cited by22 opinions
- Clark v. WilliardSupreme Court of the United States · 1934
- Clark v. WilliardSupreme Court of the United States · 1935
- Matter of People (Norske Lloyd Ins. Co.)New York Court of Appeals · 1926
- Hoyt v. HampeSupreme Court of Iowa · 1925
- U. S. Truck Co. v. Pennsylvania Surety Corp.Michigan Supreme Court · 1932
17 more not listed; retrieve them via the Exa API.