Jaeger Mfg. Co. v. Indem. Ins. Co. of N. Am., No. 45299.

CourtUnited States State Supreme Court of Iowa
Writing for the CourtHALE
PartiesJAEGER MANUFACTURING COMPANY, a Corporation, Appellee, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, a Corporation, Appellant.
Docket NumberNo. 45299.
Decision Date18 November 1941

231 Iowa 160
300 N.W. 685

JAEGER MANUFACTURING COMPANY, a Corporation, Appellee,
v.
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, a Corporation, Appellant.

No. 45299.

Supreme Court of Iowa.

Nov. 18, 1941.


Appeal from District Court, Polk County; Russell Jordan, Judge.

Action at law to recover on surety bond. Judgment for plaintiff, and defendant appeals.

Affirmed.

*685Brammer, Brody, Charlton & Parker, of Des Moines, for appellant.

Carl A. Burkman, Stipp, Perry, Bannister & Starzinger, and Donald D. Holdoegel, all of Des Moines, for appellee.


HALE, Justice.

This is the third of a series of cases against various bonding companies, the first of which was brought by the present plaintiff against the Maryland Casualty Company, the next against the American Surety Company, and the present case was the last filed. Except as to date, the facts in this case are set out substantially in the Maryland Casualty Company case, decided at the present term, and to which reference is made. The same defenses are made in this case as in the two preceding cases except as to the bar of the statute of limitations. The misconduct of Potwin, complained of in the present case, occurred during the period between January 1938, and August of the same year, and the petition in this case was filed in October 1938, so that there could be, and is, no claim of a bar by the statute of limitations, and with that exception the defense set up is substantially the same.

For the reasons given in the preceding cases as to alleged errors of the court, other than the statute of limitations, reference is made to the case of Jaeger Manufacturing Company v. Maryland Casualty Company, Iowa, 300 N.W. 680; and for these reasons the cause is affirmed.

Affirmed.

STIGER, BLISS, OLIVER, and GARFIELD, JJ., concur.
WENNERSTRUM and SAGER, JJ., dissent.
MILLER, C. J., takes no part.

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