115 Iowa 485 | Iowa | 1902
There is a question not discussed by counsel, so- we suggest rather than decide it. Companies organized under -chapter 5, title 9, of the Code, are given no express authority to take premiums or premium notes. The defendant, under the name of a “deposit,” exacted a premium, and, under the name of a “deposit note,” took a premium note, from its policy holders. By thus doing business as an ordinary mutual company, did it not forfeit any protection it is claimed to have under section 1759? See Bradford v. Insurance Co., supra.
*492 (Original Application.)
“ Rate per cent, 4-24 per cent.
Cash Value. Sum to be insured.
$3,000. $1,500.
On general stock of merchandise, consisting principally of dry goods, clothing, boots and shoes, groceries, hats, caps, notions, and such other goods as are usually kept for sale in a retail store, including store furniture and fixtures.
1. Material of building? F.
2. Size? 25 by SO feet. When built? 1887.
6. Material of roof? X.”
(Copy attached to Policy.)
“Rate per cent. 24.
Cash Value. Sum to be insured.
$- $-
On____________________________
On__________________ _________
On — (See form on face of policy.)
On____________________________
On_____________________________.
On__________________________
On____________________________
1. Material of building? Frame.
2. Size? 25 by 80 feet. When built? 18 — ,
6. Material of roof? Shingle.”
The differences here were such that construction would have to be resorted to in order to- determine whether the terms were the same. What was on the policy was therefore not a copy of the original, within the meaning of the statutory requirement. Seiler v. Association, 105 Iowa, 81; Johnson v. Insurance Co., 105 Iowa, 273.
IV. We think the trial court did right in submitting to the jury but the two questions: (1) Whether plaintiff swore falsely, in making proofs of loss, as to the value of the property destroyed; and (2) the value of the burned property. Upon these questions, there was a conflict of evidence, and the verdict of the jury is conclusive upon us.
We discover no error, and the judgment is affirmed.