55 Iowa 604 | Iowa | 1881
Commonwealth Ins. Co. v. Sennett et al., 41 Pa. St., 161; Howard v. Fire Ins. Co., 4 Denio, 502.
IY. One or more instructions given by tbe court to the jury suggested the thought that, if the agreement in regard to the chimney was written in the application after plaintiff signed it, he was not bound thereby. Of course the rule of law announced is correct, hut the instruction should not have heen given, for the reason that there was no evidence tending to show that any thing was written in the application after it was signed. The instruction was misleading and prejudicial to defendant.
We discover no other errors in the ruling of the District Court; for those we have specified, the judgment must he
Reversed.