66 Iowa 139 | Iowa | 1885
Taking, then, the demurrer as it reads, we have to say that, so far as the fifth division of the answer is concerned, the demurrer was unquestionably rightly overruled. The plaintiff, by demurring, admitted the facts stated in that division, and by electing to stand upon his demurrer he admits them in this court, and we are asked to say whether, with those facts admitted, judgment should stand against him. It must be conceded that if we confine ourselves to the record, as we hold that we must, the judgment must stand.
As to the question whether an insurance company can be allowed to set up as a defense the falsity of representations other than those which have been reduced to writing, and a copy thereof attached to or indorsed upon the policy, it is manifest that, under the view which we have taken, the case does not call for an opinion. The question is not free from difficulty, unless it should be regarded as settled, as perhaps it should be, by Ellis v. Council Bluffs Ins. Co., 64 Iowa, 507.
Affirmed.