Marshalltown Mut. Plate Glass Ins. Ass'n v. Bendlage
| Decision Date | 15 May 1923 |
| Docket Number | No. 34642.,34642. |
| Citation | 195 Iowa 1200,193 N.W. 448 |
| Parties | MARSHALLTOWN MUT. PLATE GLASS INS. ASS'N v. BENDLAGE ET AL. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Marshall County; J. W. Willett, Judge.
Supplemental opinion.
For former opinion, see 191 N. W. 97.
*448C. H. E. Boardman, of Marshalltown, for appellant.
E. N. Farber, of Marshalltown, for appellees.
Upon rehearing our attention is called to the fact that the appellees' motion for a directed verdict was predicated upon several grounds and was sustained generally.
The point stressed upon the appeal was the one proposition as to whether or not the appellant could maintain the action in the name of the association. We limited our holding to the one proposition that appellant had no legal capacity to maintain the action.
We construe the holding of the lower court as being no more than a determination that this appellant could not maintain this action for want of legal capacity to sue, and that appellees could not be required to respond to this appellant in damages in any event. Neither the decision of the lower court nor of this court is to be construed as any adjudication of appellees' liability to a proper party and in a proper action for damages because of the breaking of the glass in question.
The petition for a rehearing is overruled.
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