Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1899-10-28
N 1R[ SUPREME COURT
Several Cases Of Importance From
Marshall County Recently
Decided.
Ruling Regarding the Cancellation
OF Insurance Policies in the
Soorholtz Case.
Also One Concerning Commissions
Of Real Estate Agents-New
District Court Cases.

Marshall county has been having its
inning in the supreme court during the
past day or two, and several decisions
of wide Importance have been made.
Among the appeals from this county
recently passed upon was that of John
Soorholtz against the Marshall County
Farmers Mutual Fire Insurance Com
pany. The first reports received sim
ply stated that the decision Of the low
err court had been modified and af-
firmed. The opinion Of the court has
now been received in the city, and this
shows that the ruling is Of Importance
to all insurance companies and the
holders Of policies therein. Mr.. soor-
holtz held three certificates issued by
the defendant company, and sustained
a loss by fire under one of them. The
for insurance on the ground that the
policy had been cancelled The district
Icourt gave him judgment for 81 ,006.90,
and the company appealed. The SUI
Ipreme court sustains the lower court in
the contention that the certificate was
still in force, but sets aside the judy
ment and says the money shall be coll
llected by assessment. 1t says a mis-
ltake was made in cancelling that par
ticular certificate by keeping the ac-
count of the three certificates together
land because the treasurer wrote the
word Cancelled" in the ledger without
! designating the particular certificate
The monied Judgment was set aside
and the effect will be that an assess.
ment will have to be made by the Off
lcers of the company on the members t.
pay the loss on the house. The .cast
Z was originally tried before Judge Cas-
!, well.
TUFFREE VS.. STEWARD.
Another decision of the high court Il
lin the case of Joseph Tuffree agains
William II. Steward. Mr.. Tuffre,
Iclaimed 5000 for commission in thu
, trade of the S. p. knisely residence IL
this city for farm owned by Mr.
Steward, which Mr. Tuffree claimed h
was instrumental in making. MI
Steward, however, refused to make tn
!, trade. In the district court defens
WAS made that the terms of the trad
Iwere not agreed to by Messrs. Stewar
) and Knisely and nd trade was made
therefore MIR Tuffree had earned n
commission He was awarded $1Ot
: however, by the lower court. The su
s lpreme court reveses this decision. TIL
} opinion has not been received by tn
attorneys, but it is probable the coul
> held that no actual agreement or cor
tract was made by the respective owl
n \ 49, n hnr- 4
agent was entitled to no commission.
Z A SALOON CASE.
Another case from this county dis
posed of by the supreme court Is thu
of the State VS.. George A. Bowman, or
of Rev. Abrams first saloon injunctio
: cases. An injunction was issue
lagainst Mr. Bowman, but his attorne.
appealed When the case came up Il
, hearing Mr.. Bowman's attorneys faile
to appear and the court dismissed Il
ease for want of prosecution. This
lows the injunction to stand.
DISTRICT COURT CASES.
Several petitions were filed for II
looming term of the district court at II
Hast moment Friday. Among them
one by Charles c. Chamberlain,
which Jennie C. Chapman, administr;
trix of the estate of Laura II. Chan
berlairf, Is. defendant. Mr.. Chambe
. lain alleges that he is the only heir
re the property of the deceased, and tn
e Mrs. Chapman is claiming title to sor
10 of it. The property in question is !
A. Gated in State Center.
=. Joseph Best. of Rhodes, sues A. y
1T Harmon for 5000 and the value of sor
re tools. Best claims that he rented N
+ Harmon a brick yard, and was to 7
d. ceive as rent 81 per thousand on all t
az brick manufactured.
8. j. III. Hauser claims that men are
,s the only ones that are cruel and inh
in man, and has brought suit for
oy yorce from Hannah Hauser, allegi
es that her treatment OF him Is such
to endanger his life and health.
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