64 Iowa 19 | Iowa | 1884
It is insisted that this finding is contrary to the evidence. We do not think this is so. We have read the evidence carefully, and are unable to reach the conclusion that the plaintiff purposely and with intent to deceive made a false statement of the value of the property. The ¡aoliey contains this provision: The “ amount of such loss or damage is to be estimated according to the actual cash value at the time of the loss.” Under the terms of the policy, the plaintiff could not possibly gain anything by the over-valuation. The evidence, therefore, of a fraudulent intent should at least be of a satisfying character to warrant us in disturbing the verdict. We cannot say that the evidence fails to sustain the sjiecial finding.
It is urged that the finding of the jury in this respect is against the evidence. But we think the evidence fully sup
Certain instructions on this subject were asked and properly refused, because there was no evidence upon which they could properly be based. They assume that there was evidence tending to show that the company issuing the subsequent policy had adjusted the loss under it, or had agreed to prepare proofs of the loss. We have been unable to discover any evidence tending to show that the company did not at all • times insist that the policy was void. At most, an adjusting agent of the company offered to return the premium received, and pay a comparatively small sum of money, if the plaintiff would deliver up the policy. This, however, was done as a compromise, and to avoid difficulty; but at the same time it was insisted that the policy was void, and that the company was in no manner liable under it.-
Affirmed.