Parker v. C. Lamb & Sons
Supreme Court of Iowa
Appeal from Clinton District Court. — Hon. P. B. Wolfe, Judge. Action at law to recover lipón two premium notes given by the defendant to the Mutual Fire Insurance Company, of Chicago, for policies of insurance against loss by fire. A demurrer to the petition was sustained. Judgment was rendered for the defendant for costs, and the plaintiff appeals. The plaintiff may maintain the suit, although suing in the capacity of a foreign receiver.
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Appeal from Clinton District Court. — Hon. P. B. Wolfe, Judge. Action at law to recover lipón two premium notes given by the defendant to the Mutual Fire Insurance Company, of Chicago, for policies of insurance against loss by fire. A demurrer to the petition was sustained. Judgment was rendered for the defendant for costs, and the plaintiff appeals. The plaintiff may maintain the suit, although suing in the capacity of a foreign receiver. Bunk v. St. John, 29 Barb. 585; Sobernheimer v. Wheeler, 45 N. J. Eq. 614; Bidlack v. Mason, 26 N. J. Eq. 230; Comstock v. Frederickson, 51 Minn. 351;…
1Opinion of the CourtRothrock, C. J.
It appears from the averments of the petition that the Mutual Fire Insurance Company, of Chicago, was organized under the laws of the state of Illinois, and that the defendant is a corporation organized and doing business under the laws of this state. Applications were made by the defendant for insurance in said company, which applications were accepted, and in part consideration for said insurance, the defendant executed and delivered to the said insurance company two premium notes, one for the sum of seven hundred and fifty dollars, and the other for five hundred and twenty-five dollars.…
2Cases cited2 opinions
- Seamans v. ZimmermanSupreme Court of Iowa · 1894
- Ayres v. SiebelSupreme Court of Iowa · 1891
3Cited by10 opinions
- Shloss v. Metropolitan Surety Co.Supreme Court of Iowa · 1910
- Spinney v. MillerSupreme Court of Iowa · 1901
- Keehn v. Brady Transfer & Storage Co.Court of Appeals for the Seventh Circuit · 1947
- Reed v. HollingsworthSupreme Court of Iowa · 1912
- Wyman v. EatonSupreme Court of Iowa · 1899
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