The Oskaloosa herald., 1913-10-30
BY THE SUPREME COURT
Five Cases from Mahaska County
District Court Affirmed.

The following decisions were hand.
ed down last week by the supreme
court of Iowa In cases that had been
appealed from Mahaska county The
decisions of the district court judges
were affirmed in each instance:
, Sable Laaka VS.. Modern Brother
hood of America, appellant. Affirmed
by Justice Evans. This case was
brought in Mahaska county district
court by Sable Laaka, as guardian
for her minor children to recover on
a policy OF Insurance issued by the
defendant company to the father,
Olaf c. Laaka. After the death OF the
father the company refused payment
on the policy on the grounds that the
deceased had not been initiated into
the order and on account of alleged
false statements as to his health. The
insurance company had delivered the
policy to Mr.. Laaka and had taken
his money. The court held that the
company must pay, even If the de-
ceased had not been initiated. This
insurance company had won several
cases in other states on this techni-
cal defense, but this was the first
time that the supreme court of Iowa
had been called upon to decide the
Question and they held that the COM
pany must pay. 1t is an important
decision affecting the holders of poll
cies in mutual benefit societies.
Judge Preston was the presiding JUS
,tice who tried the case in the lower
court. Dan Davis and the law firm
of Mccoy & Mccoy were the attor-
N
C. DoweH, of Des Moines, and w. H.
for the insurance company.
John CaInego, administrator, VS..
Crescent Coal Co. Affirmed By JUS
tice Ladd Tried in Mahaska county
district court at February term, 1912,
before Judge X. L. WillcocksOn. The
case was brought against the Ores
cent Coal Co. to recover damages for
the death OF Frank Carnego, VINO
was killed by a fall of slate at the
White City mine on May IL, 1911.
The jury awarded the plaintiff the
sum of $4,000 as damages and the
Crescent company appealed The su,
preme court affirmed the verdict of
the lower court Attorney S. V. Rey-
nolds and the firm of Mccoy & Nc
Coy were attorneys for the plaintiff
ad Senator J. T. Garrison, of Abba,
and Burrell & Dewitt. of Oskaloosa.
were defendants attorneys.
G. l.. Warren VS.. Franklin Fire In
surance company, OF Pennsylvania,
appellant. Affirmed by Justice Laid.
Judgment was rendered in Mahaska
equity district court on Dec. IA, 1912,
with Hon. B. w. Preston as presiding
Judge. Suit was brought on an insul-
ance policy issued by the defendant
company to insure the plaintiff
against loss by fire and lightning OF
a certain stock of goods and fixtures
located in building near the town
of Buxton. The property was des-
troyed by fire on Feb. 25, 1912, and
the defendant company refused to
pay on the policy on the technical
grounds that 1t had been cancelled
before the fire. The policy was for
$500. The jury gave judgment for
the plaintiff for $514.60, and the YER
dict has been affirmed by the supreme
cour. Williams & Orvis of OskaloOsa,
were attorneys for the plaintiff and
the firm of ]. F. & w. r. Lacey were
defendants attorneys.
Hawkeye Lumber Co., VS.. Board of
Review of Oskaloosa appellant. Affirm
ed by Justice Ladd. Case came up
at the October term, 1912, of Mahaska
county district court before Judge B.
w. Preston. The plaintiff appealed
to the district court from the acts OF
the Oskaloosa city board of review In
raising the assessment on their prop
erty from $12,500 to $4,000. The
attorney for the city introduced a
motion to the court to dismiss the
appeal on the grounds that the ser
vice of suit on the city was not good
owing to technical provisions. The
motion was overruled and the city
appealed on the grounds that 1t
should have been sustained. The SUI
preme court affirmed the decision OF
Judge Preston and the suit will now
come back here for trial. Irving
Johnson was attorney for the plain
tiff and II. B. Mccoy for the defend
ant.
Farmers National Bank VS.. A. Up
degrah ct al. Affirmed. Suit brought
at April term, 1912. of Mahaska coun-
ty district court with Judge B. w.
Preston as presiding Judge. The
plaintiffs filed suit against A. Upde-
graft, +. ]. Page, E. r. Hatcher and
Frank E. Baker, on contract of guar
antee, signed by defendants, the OBJ
ject of which was to obtain credit
from the plaintiff for the Iowa Manu-
featuring Co., of which the defendants
were directors. The plaintin con-
strued this contract to be continu-
ing guarantee but the defendants
meant it for guarantee on all sums
borrowed up until a certain time.
The district court took the construc-
tion of the guarantee to be as the de-
PENDANTS claimed and accordingly
gave Judgment for them. Plaintiff
appealed and the supreme court has
affirmed the decision Of the lower
court. ]. F. and w. r. Lacey were
attorneys for the plaintiff and Jno. o.
Malcolm, F.. ID. Reid and Burrell &
Dewitt were defendants attorneys.
Women Anxious to Serve.