Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 73

Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 73

By (author) 

List price: US$22.40

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks


This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ...that a letter should reach, by due course of mail, M-asonville from Des Moines by the second or third day after the mailing of the same. The loss occurred October 9, 1882, being less than thirty days from the time the notice was taken from the post-ofiice, but more than thirty days from the time the same reached the post-ofiice, if the same arrived by due course of mail. The plaintiffs do not, as we understand, dispute the validity of the service, but merely raise a question as to the time when the service should be deemed to have been made. Their theory is that the service was made when the notice was taken by one of the plaintiffs from the post-oflice. But, in our opinion, their position cannot be sustained. The statute provides for two kinds of service. One is called, in the statute, " personal service." This is to be made, of course, by the actual delivery in some way of the notice to the insured. If the plaintifi"s position is correct, that the service by mail is not made until the actual delivery of the notice to the insured, then that service would be personal service, and it would follow that the provision for service by mail is superfluous. It appears to us that the fair inference is that the legislature intended to provide for constructive notice, and that the service is to be deemed complete, either when the registered letter is mailed, or as soon thereafter as the letter should be received at the oflice of its destination by due course of mail. If this is not so, the insured would be able wrongfully to prevent his policy from becoming suspended by omitting to call for mail at the office where the registered letter might be expected, or perhaps by refusing to take from the oflice a registered letter more

Product details

  • Paperback | 300 pages
  • 189 x 246 x 16mm | 540g
  • United States
  • English
  • black & white illustrations
  • 1236764358
  • 9781236764355