Gere v. Council Bluffs Ins. Co.
| Decision Date | 23 October 1885 |
| Citation | 67 Iowa 272,25 N.W. 159 |
| Parties | GERE v. COUNCIL BLUFFS INS. CO. |
| Court | Iowa Supreme Court |
Supplemental opinion. See S. C. 23 N. W. Rep. 137.
The defendant has filed a petition for rehearing in this case, and calls our attention, among other things, to the fact that interest was allowed from the date of filing preliminary proofs. In this the court erred, and in the opinion filed we failed to notice the point. We do not, however, find it necessary to grant a rehearing upon the point, because the appellee concedes that the interest was computed from a wrong date, and that by reason of the mistake the judgment is too large by $3.97, and the appellee offers to remit that amount. Under the concession and offer, the judgment rendered should be reduced by the amount of $3.97, and the judgment of affirmance heretofore entered is set aside, and the judgment below is modified and affirmed, and the costs of this appeal are to be taxed to the appellee.
The petition for a rehearing raises some other points, but we think that the opinion filed is correct except as above set forth. The petition, therefore, is overruled.
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