Winnesheik Insurance v. Schueller
Illinois Supreme Court
Appeal from the Circuit Court of Stephenson county ; the Hon. "William Brown, Judge, presiding.
1Opinion of the CourtJustice Thornton
Numerous errors have been assigned for a reversal of this judgment.
It is objected that there is a material variance between the declaration and the proofs.
Every material averment in the declaration must be proved, to entitle a plaintiff to recovery.
One of the conditions of the policy required proof of loss within thirty days after its occurrence.
The declaration avers that, within 'the time a schedule of the property, with affidavit thereto attached, was delivered by appe.llee, in person, to the secretary of the company, and that the company then waived any further proofs of the loss, and all…
2Cases cited4 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Peoria Marine & Fire Insurance v. LewisIllinois Supreme Court · 1857
- Turley v. North American Fire InsuranceNew York Supreme Court · 1841
- Brooks v. BruynIllinois Supreme Court · 1857
3Cited by20 opinions
- Spies v. PeopleIllinois Supreme Court · 1887
- Coughlin v. PeopleIllinois Supreme Court · 1893
- United States v. NoelkeU.S. Circuit Court for the District of Southern New York · 1880
- Liverpool London Globe Ins. Co. v. CargillSupreme Court of Oklahoma · 1914
- Firemen's Fund Insurance v. SimsSupreme Court of Georgia · 1902
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