71 Iowa 97 | Iowa | 1887
This action ivas brought to recover on an alleged contract of insurance against tornadoes. It seems to* be conceded that, on the fourteenth day of June, 1885, the' plaintiff had such contract of insurance in the defendant company, whereby he was insured against loss by tordadoes upon his dwelling-house, barn and cattle; and the undisputed evidence shows that on that day a tornado occurred, and that the property insured was considerably injured.
III. The plaintiff in his application stated that the incumbrances upon the property amounted to $2,500. The amount standing apparently against the property, as shown by judgment records, was largely in excess of that amount. Some evidence, however, was introduced in respect to payments made upon the judgments. While there is no especial conflict in this evidence, much of it is vague and unsatisfactory. The defendant’s counsel claim that the proven payments would not reduce the amount of the judgments below' $i,000, while the plaintiff’s counsel claim that the proven payments would reduce the amount below $2,500. We are not prepared to say that all the evidence relied upon by the plaintiff could be considered; but as there must be another trial, it seems probable that the plaintiff will come much better prepared to prove his payments than he was before, and that no question in regard to the incumbrances will again be presented to this court.
For the error pointed out, the judgment must be
Reversed.