In House v. Security Fire Ins. Co., 145 Iowa 462, 121 N.W. 509, 512, we had the question of the claimed avoidance of a policy by reason of the breach of the provision therein which prohibited the incumbrance of the same after the issuance of the policy.Summary of this case from Garton v. Phoenix Ins. Co.
January 17, 1952.
Appeal from Supreme Court, Sullivan County.
That part of the order directing the examination before trial of the Wray Insurance Agency, Inc., and Royal S. Wray individually, affirmed. The time and place of such examination is to be fixed in the order to be entered hereon. That part of the order which directs the examination of the other appellants is reversed, on the law and facts, and the motion for examination denied, without prejudice. As so modified, the order is affirmed, with $10 costs. Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ., concur.