Day v. Hawkeye Insurance
Supreme Court of Iowa
Appeal from Mahasica District Court. — Hon. J. K. Johnson, Judge. Action upon a policy of insurance. There was a judgment on a verdict for plaintiff. Defendant appeals. The facts of the case appear in the opinion. The cause has before been in this court. See 72 Iowa, 597.
1Opinion of the CourtBeck, J.
I. The policy in suit contains a condition in this language: “Loss, if any, payable to Dr. J. Bevan, mortgagee, as his interest may appear at the time of loss, subject, however, to all conditions of this policy.” By amendments to the pleadings it is shown that Mrs. J. Bevan, the wife of Dr. Bevan, was the real mortgagee, and her name should have appeared in the policy instead of the name of Dr. J. Bevan, which was written by mistake. It is also shown in the pleadings that the given name of Mrs. J. Bevan is Lizzie, and she is made a defendant in the action, having failed to join as a…
2Cases cited2 opinions
- Moore v. HeldSupreme Court of Iowa · 1887
- Hunt v. HawleySupreme Court of Iowa · 1886
3Cited by6 opinions
- Clayton v. SievertsenSupreme Court of Iowa · 1901
- Dillavou v. DillavouSupreme Court of Iowa · 1906
- State Savings Bank v. Guaranty Abstract Co.Supreme Court of Iowa · 1915
- Dillavou v. DillavouSupreme Court of Iowa · 1909
- Payne v. RaubinekSupreme Court of Iowa · 1891
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