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The Northwestern Reporter Volume 184 download

The Northwestern Reporter Volume 184 download

The Northwestern Reporter Volume 184 by Iowa Supreme Court
The Northwestern Reporter Volume 184
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Author: Iowa Supreme Court
Number of Pages: 992 pages
Published Date: 01 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Type: Pdf
ISBN: 9781231074268
Download Link: The Northwestern Reporter Volume 184
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 Excerpt: ...would not excuse him, and he throws no light on the claimed discrepancy in numbers, he testifies clearly and positively as to the car purchased, insured, and stolen, that it was a 1915 used Ford touring car bought from the Studebaker agency which applied to defendant and had It Insured for protection of both, and that It was correctly described in the application, unless It be the number, it was the only car he had, and the car stolen from him as related. 2 Defendant's five notices of special defense attached to its plea of the general Issue relate entirely to plaintiff's failure to make proof of loss, Inventory, appraisal, etc., within the required time. No notice was given of breach of warranty by a wrong number of the car or any reliance on a false number by defendant to its damage. If insertion of the wrong number in the application as complained of afforded a ground of defense, it was as breach of warranty, for which, under section 4 of circuit court rule 23, notice of special defense is required as follows: "In a suit upon a policy of insurance, if the defendant shall rely, in whole or in part, upon a breach of any of the conditions, agreements, representations or warranties of the policy or application therefor, or upon the failure to perform or make good any promise, representation or warranty, or upon the failure to furnish any proof of loss, as required by the policy, there shall be added to the plea a notice plainly indicating the nature of the defense relied upon." Not only was this special defense not pleaded but there was no proof offered that the claimed misrepresentation as to number resulted in any injury to defendant. 3 Apparently the closest question in this case is that of agency, the authority of Attorney Ward to make the prom...

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