110 Iowa 433 | Iowa | 1900
II. Said by-laws provide that, “in case of disagreement as to the amount of the loss, it shall be settled by arbitration as follows.” . Considerable evidence was taken as to the attempt at arbitration between these parties to follow immediately upon the arbitration of the claim of one Quigley for a loss sustained at the same time under a like policy. While the record is somewhat obscure, we think it shows that on motion of the. plaintiff all the evidence as to the attempts to arbitrate was withdrawn, and the question as to arbitration taken out of the case. If it were otherwise, we think the defendant had no ground of complaint because the matter was not submitted to arbitration.