Archer v. Sellers

Supreme Court of Iowa
Archer v. Sellers, 196 Iowa 946 (Iowa 1923)

Archer v. Sellers

Opinion of the Court

Per Curiam.

The Des Moines Mutual Insurance Association commenced an action to recover premiums upon a contract which provided for the payment thereof in Polk County. The .defendant in that action, who is the plaintiff in this proceeding, is a resident of Monona County. The answer to the petition of *947the insurance association set up fraud in the inception of the contract, as a partial defense thereto, defendant offering to confess judgment for a part of the commission. The fraud charged was the alleged misrepresentation of the company’s agent that the cost of the insurance would not and could not exceed $15 per thousand. The petition demanded judgment for a larger amount. In his verified answer, setting up the alleged false representations of the agent, the defendant asked for a change of venue, as permitted by Subdivision 6 of Section 3505, Supplement to the Code, 1913. The court overruled the motion, and entered judgment in favor of the plaintiff for the full amount claimed. To entitle defendant to a change of venue to the county of his residence, under the provisions of Subdivision 6, Section 3505, the fraud alleged must constitute a complete defense to plaintiff’s cause of action. Such is the specific language of the statute. The fraud alleged in this case purported only to constitute a defense in so far as the premiums exceeded $15 per thousand. The ruling of the court was in harmony with the statute, and the writ issued herein must be, and it is, dismissed. — Writ annulled and judgment affirmed.

Reference

Full Case Name
Bird Archer v. T. J. Sellers, Judge
Status
Published