Legal Opinion

Farmers Mutual Hail Insurance v. Slattery

Supreme Court of Iowa

Decided January 28, 1902PublishedCited by 7 opinions

Appeal from Clay District Court. — Hon. F. II. Helsell, Judge. The plaintiff is a mutual insurance association, having for its object the insurance of growing crops against loss or damage by hail. .Any one having property insured thereby is a member, and. is entitled to one vote at the annual meeting for the election of directors on the first Wednesday of January each year.

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Appeal from Clay District Court. — Hon. F. II. Helsell, Judge. The plaintiff is a mutual insurance association, having for its object the insurance of growing crops against loss or damage by hail. .Any one having property insured thereby is a member, and. is entitled to one vote at the annual meeting for the election of directors on the first Wednesday of January each year. The management is in charge of nine directors, and upon them is conferred the 1 express authority “to enact by-laws, regulations, and rules, levy and collect assessments to pay losses and expenses, and to perform all other…

1Opinion of the CourtLadd, C. J.

2 Under the by-laws as they were when ■defendant became a member of the association, there was no provision for the suspension of the policy for failure to pay an assessment duly levied. A penalty of 25 cents, merely, was imposed, and the assessment might be recovered by suit. Thereafter, and long before the loss, the twelfth by-law was amended by adding thereto, “Members of this company whose assessments and penalties remain delinquent or unpaid after 60 days from the date of the first notice shall not be entitled to recover in ease of loss during such delinquency.” An assessment to pay…

2Cases cited10 opinions

  1. Supreme Lodge, Knights of Pythias v. KnightIndiana Supreme Court · 1889
  2. Carnes v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1898
  3. Stohr v. San Francisco Musical Fund SocietyCalifornia Supreme Court · 1890
  4. Simeral v. Dubuque Mutual Fire InsuranceSupreme Court of Iowa · 1865
  5. Fugure v. Mutual Society of St. JosephSupreme Court of Vermont · 1874

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3Cited by7 opinions

  1. Jordan v. Iowa Mutual Tornado InsuranceSupreme Court of Iowa · 1911
  2. Field v. Eastern Building & Loan Ass'nSupreme Court of Iowa · 1902
  3. Fort v. Iowa Legion of HonorSupreme Court of Iowa · 1909
  4. Richey v. Sovereign Camp of the Woodmen of the WorldSupreme Court of Iowa · 1918
  5. Elliott v. Home Mutual Hail Ass'nSupreme Court of Iowa · 1913

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