98 Iowa 221 | Iowa | 1896
The policy in suit was issued on an application therefor, signed by the plaintiff, and insured him against loss by fire on his general stock of merchandise, to the amount of one thousand dollars. On the seventh day of December, 1898, during the lifetime of the policy, all of the merchandise insured, excepting a portion valued at from thirty to forty dollars, was destroyed by fire. The plaintiff seeks to recover on account of his loss, the full amount of his policy. The defendant admits the issuing of the policy, but denies liability for the loss. The verdict and judgment were for the sum of nine hundred dollars, besides costs.
But it was held in Joy v. Insurance Co., 83 Iowa, 13 (48 N. W. Rep. 1049), that the rule stated does not apply to personal property, and that holding was followed in Martin v. Insurance Co., 85 Iowa, 651 (52 N. W. Rep. 534). Therefore, the court erred in the first part of the paragraph quoted. It is insisted, however, that the error was cured in the last part, and that the error was not prejudicial. We do not find anything in the charge which appears to cure the error. The effect of that was, to make the policy presumptive evidence that the value of the merchandise insured was one thousand dollars, and to place upon the defendant the burden of proving that it was less. It is true, that the jury returned a verdict for less than the value of the property, as stated in the policy. but we cannot say that the jury would have found the plaintiff to be entitled to so large a sum as that fixed in the verdict, had it understood that the plaintiff was required to show, affirmatively, the value of the merchandise he had lost. Some of the evidence tended to show that it did not exceed four hundred dollars. It was the right of the defendant to have the jury properly instructed with respect to the proper method of determining the true value. For the errors ‘ pointed out, the judgment of the district court is reversed.