Mershon v. National Insurance
Supreme Court of Iowa
Appeal from Lee Circuit Court. Action upon a policy of insurance on a stock of saddlery, leather, tools, etc., in Keokuk. The petition contains the usual averments of tbe execution of tbe policy, tbe loss, tbe proof of loss, non-payment, etc.
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Appeal from Lee Circuit Court. Action upon a policy of insurance on a stock of saddlery, leather, tools, etc., in Keokuk. The petition contains the usual averments of tbe execution of tbe policy, tbe loss, tbe proof of loss, non-payment, etc. Tbe answer is in denial, and also averring a warranty contained in tbe application, and a breach of it; fraudulent overvaluation; false statements in proof of loss, and assignment of tbe policy after loss, contrary to its express conditions. Tbe trial was to a jury, who returned a general verdict for plaintiff for $1,225.80, and also, special findings in…
1Opinion of the CourtCole, J.
1. Instructions: exceptions to: practice. I. We will dispose of the alleged errors in the order they are assigned by counsel. The court gave fo™ instructions ashed by plaintiff; “ and the defendant at the time excepted to the giving of said instructions.” The court, on its own motion, gave six instructions, “ and to the giving of said instructions the defendant excepted at the time.” Tbe defendant asked six instructions; the court gave the first and fifth, and refused the others as asked, but made certain modifications and then gave them; “ and to the said modifications of said instructions,…
2Cases cited4 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Bonham v. Iowa Central InsuranceSupreme Court of Iowa · 1868
- Anson v. Winnesheik Ins.Supreme Court of Iowa · 1867
- Carpenter v. ParkerSupreme Court of Iowa · 1867
3Cited by25 opinions
- Kintzel v. Wheatland Mutual Insurance Ass'nSupreme Court of Iowa · 1973
- Pacific Mut. Life Ins. Co. of Cal. v. O'NeilSupreme Court of Oklahoma · 1913
- Twin City Fire Ins. v. Stockmen's Nat. Bank of Ft. BentonCourt of Appeals for the Ninth Circuit · 1919
- Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
- Christenson v. Fidelity InsuranceSupreme Court of Iowa · 1902
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