Ellis v. Insurance Co. of North America
U.S. Circuit Court for the Southern District of Iowa
Motion for New Trial. William L. Ellis, as assignee of certain policies of insurance, brought suit against the Insurance Company of North America to recover for the loss by fire of a stock of goods and building under four policies issued by the said company, to E. R. Ellis & Co., a firm composed of E. R. Ellis alone.
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Motion for New Trial. William L. Ellis, as assignee of certain policies of insurance, brought suit against the Insurance Company of North America to recover for the loss by fire of a stock of goods and building under four policies issued by the said company, to E. R. Ellis & Co., a firm composed of E. R. Ellis alone. The first policy was issued June 10, 1881, insuring a stock of merchandise for $500. The second policy on said stock was for $500, and dated October 10,1881. The third policy, dated August 20,1881, insured the building containing the slock. The fourth policy was one for $1,000 on…
1Opinion of the CourtBrewer, J.
Two questions have been presented and argued; one of them of great difficulty as well as of some importance.
The first question arises upon these facts: One E. K. Ellis was the owner of property upon which he had taken out insurance policies, one of them that in suit. He sold that property to the plaintiff, William Ellis, and assigned the policy. The consent of the company was given to the assignment. At the time of the assignment there was an incumbrance upon the property in the shape of three or four mortgages. The policy provides that it shall be void if the insured is not the sole,…
2Cited by16 opinions
- State Mut. Life Ins. Co. v. RosenberryTexas Commission of Appeals · 1919
- Westchester Fire Ins. Co. of New York v. GreenSupreme Court of Alabama · 1931
- Pennsylvania Fire Ins. Co. v. MaloneSupreme Court of Alabama · 1928
- Padrnos v. Century Fire Ins.Supreme Court of Iowa · 1909
- Lee Blakemore, Inc. v. LewellingCourt of Appeals for the Eighth Circuit · 1922
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