155 Iowa 728 | Iowa | 1911
The appellant concedes the issuance of the policy, and that it was outstanding and in force at the date of the alleged loss, and that the title to the insured property was in the plaintiff. It further admits that the interveners severally held mortgage liens upon the building, and that defendant had consented to the creation of such liens, and had undertaken to pay the indemnity to them, in case of loss, as their several interests might appear. Defendant further alleges that the representative of the plaintiff who applied for and obtained the insurance falsely represented and warranted the building to be in good repair, and generally to be in an insurable condition, which representations were believed and relied upon by the defendant in issuing said policy; but that in truth and in fact said building was then badly dilapidated and in a condition of ruin -and decay, and, had such condition been truthfully made known, the application for insurance would have been denied, and the policy would not have been issued. Though the abstract discloses no denial that the building was injured in the manner alleged by plaintiff, the case seems to have been tried as if
One Lomack, who'was pastor in charge of the church at the time of its injury, having testified that on the night in question there was a “terrible windstorm and rain,” between nine and ten o’clock, and that “wind took down the tower,” and that “it appeared that the storm struck this tower, and as it fell it struck upon and broke through the roof,” he was made to say, upon cross-examination, that on the evening in question he was visiting at a place within a block of the church, when some person came in, reporting the injury, and he went immediately to the place, 'and saw the alleged effect of the storm. He was further allowed to s'ay: “There was lightning and thunder and rain, .and there was a hard wind; blew our sheds away, and tore up trees and everything else.” The defendant moved to strike this answer as not responsive, and to strike the direct testimony of the witness as to the injury to the building by the storm, 'because he was not personally present when the tower fell, and could speak only from hearsay. These motions were overruled. While the answer as to the effect of the wind upon the sheds and trees was not directly responsive to the question, asked, and might properly have been stricken on that ground, the refusal so to do was not an error of such gravity as to call for a reversal. The testimony was undoubtedly competent and material ■as related to the main controversy. The fact that the wit
Other exceptions are taken to rulings on matters of evidence, but, without taking further time for their discussion, we may say that on examination of the record with respect to each we find no error.
The record discloses not the slightest ground for the plaintiff’s appeal from this order. Mr. McVey brought the suit and conducted the litigation in its behalf to the end,
In effect, the suit was brought by the plaintiff for the benefit of the mortgagees, and it is well established that in actions lawfully prosecuted by one person for the benefit of another he may, for that purpose, employ counsel, whose
We find mo. reason for disturbing the judgment below ■in any respect, and it is upon each and all of the several appeals — Affirmed.