139 Iowa 136 | Iowa | 1908
Tbe issues raised by the pleadings on the trial which resulted in the judgment in plaintiff’s favor now appealed from were the same as those raised on a former trial, which resulted in a verdict and judgment in plaintiff’s favor, which judgment was reversed on appeal to this court (see 128 Iowa, 566), save that on the last trial, the defendant by amendment to its answer alleged the failure of plaintiff to comply with a prerequisite condition to the bringing of suit on the certificate, in that she had failed and neglected to submit to arbitration the question of defendant’s liability upon said certificate and her claim thereon, as required by conditions in such certificate. To this new averment on the part of defendant plaintiff replied that defendant had not asked for an arbitration or appointed any arbitrator, and that such provision with reference to arbitration was illegal and void, and the failure to procure arbitration was not a legal defense to the action. The other defenses interposed related to alleged breaches of the stipulations and conditions in the contract on which plaintiff sued, consisting of the certificate and application therefor signed by Frank Knapp as applicant for membership in the defendant association.
For the errors pointed out, the judgment must be reversed.