Hatch v. Commerce Ins. Co., 42003.
| Decision Date | 29 September 1933 |
| Docket Number | No. 42003.,42003. |
| Citation | 249 N.W. 824,216 Iowa 860 |
| Parties | BURR C. HATCH, Appellant, v. COMMERCE INSURANCE COMPANY, Reuben A. Wagle. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Polk County; Loy Ladd, Judge.
*824I. H. Tomlinson, of Des Moines, for appellant.
Vernon W. Lynch, of Des Moines, for appellee.
Supplemental Opinion.
For former opinion, see 249 N. W. 164.
Petition for rehearing having been filed herein and satisfactory showing having been made that Reuben A. Wagle has withdrawn from the Clerk of the Court the funds referred to in the opinion heretofore filed herein, it is hereby ordered that the amount thus drawn from the Clerk of the Court by Wagle be returned to the Clerk for the purpose of carrying out the provisions of the opinion filed herein within thirty days from the filing of this supplement, and that on failure to so return said funds to the Clerk of the Court the said Wagle shall not forfeit or foreclose said contract existing between Wagle and Hatch and the said Hatch shall not be required to carry out the terms of said contract until said fund shall be returned to said Clerk of the District Court of Polk County, Iowa, nor shall the plaintiff Hatch be required to pay interest during the time said fund is detained by the said Wagle.
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Kintzel v. Wheatland Mut. Ins. Ass'n, 55033
...had been called mortgagee. We have several times said as much. Hatch v. Commerce Ins. Co., 216 Iowa 860, 249 N.W. 164, supplemented, 249 N.W. 824 (1933); Davidson v. Hawkeye Ins. Co., 71 Iowa 532, 32 N.W. 514 (1887). Cf. In re Bernhard's Estate, 134 Iowa 603, 112 N.W. 86 (1907). It is also ......
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Giberson v. First Federal Sav. and Loan Ass'n of Waterloo, 67448
...to use them to rebuild the damaged house. See Hatch v. Commerce Insurance Co., 216 Iowa 860, 249 N.W. 164, opinion on rehearing, 249 N.W. 824 (1933). In that case, however, the contract contained no language defining the rights of the parties to the proceeds, and the result was based on equ......