135 Iowa 299 | Iowa | 1907
The question presented by this appeal is whether at the date of the loss plaintiff’s policy had been forfeited by a removal of the insured goods. The policy, as issued, insured the plaintiff upon a stock of goods kept in a building at No, 521 Fourth street, Sioux City, Iowa, and . provided that, unless permission therefor signed by the secretary of the company should be indorsed upon or attached to the policy, a removal of the property from the place where it was insured should render the policy void. It also provided that, by the acceptance of said policy, the insured party agreed that a removal of the property from the building where it was insured should he held to create “ an increased hazard within the meaning of section 1743 of the Code of Iowa,” a statute to which we shall later make reference. After the policy was issued, the plaintiff applied to the company and received its consent to the removal of the goods to No. 313 Nebraska street, but the removal was in fact made to No. 312 of that street. This confusion arose by the mistake of the plaintiff in giving the wrong number in his application for the consent. While in the latter place and during the -term named in the policy, the goods were burned in the fire which destroyed a large part of the business district of Sioux City on December 23, 1904. Plaintiff concedes
We find no reversible error in the record, and the judgment of the trial court is affirmed. ,