Ellis v. State Ins.
Supreme Court of Iowa
Appeal from Appanoose Girewit Gourt. Action upon a policy of fire insurance issued by the defendant toE. R. Ellis & Oo., assignors of the plaintiff. There was atrial to the court, and judgment was rendered for the plaintiff. The defendant appeals.
1Opinion of the Court
Adams, Ch. J.
I. This case is before us upon a second appeal. The first opinion is reported in 61 Iowa, 577. The question raised in that case was as to whether the court erred in excluding evidence offered by the defendant of a mortgage upon the property, placed upon it by the plaintiff’s assignors, and remaining until after the loss. This court held that the *579evidence should have been admitted. The ruling was based upon the fact that the policy provided that “ if the title of the property is * * * incumbered, * * * this policy shall be void;” and it was held that a mortgage would be ail…
2Cases cited2 opinions
- Ellis v. Council Bluffs InsuranceSupreme Court of Iowa · 1884
- Ellis v. State Ins.Supreme Court of Iowa · 1883
3Cited by11 opinions
- Aetna Insurance v. HolcombTexas Supreme Court · 1896
- Lawson v. FordyceSupreme Court of Iowa · 1945
- Continental Insurance v. MunnsIndiana Supreme Court · 1889
- Hall v. Niagara Fire InsuranceMichigan Supreme Court · 1892
- Wicke v. Iowa State InsuranceSupreme Court of Iowa · 1894
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