Estate of Rapp v. Phœnix Insurance
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. This is an appeal from the Appellate Court for the Third District, affirming an order .of the circuit court of Morgan county, allowing a claim of $188.90 against the estate of M. Rapp, deceased, in favor of the Phœnix Insurance Company.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. This is an appeal from the Appellate Court for the Third District, affirming an order .of the circuit court of Morgan county, allowing a claim of $188.90 against the estate of M. Rapp, deceased, in favor of the Phœnix Insurance Company. The executors of Rapp bring the case here, on a certificate of the judges of the Appellate Court that it involves important questions of law which should be passed upon by this court. The…
1Opinion of the CourtJustice Mulkey
It is contended by appellant that the bond in question is, in legal effect, the same as a guaranty of future advances to the extent of $1000; that it did not become binding or operative upon the makers until money or other property belonging to the company came into the hands of J. B. Booker & Co. as its agents; that money or property thus coming into their hands is to be regarded in the nature of future advances, and to be governed by the same rules of law that are applicable to such advances; that the contract being indefinite as to its duration, either party had the right to terminate it…
2Cases cited6 opinions
- Jordan v. DobbinsMassachusetts Supreme Judicial Court · 1877
- Pratt v. Trustees of Baptist SocietyIllinois Supreme Court · 1879
- Moore v. WallisSupreme Court of Alabama · 1850
- Menard v. ScudderSupreme Court of Louisiana · 1852
- Royal Insurance Co. v. DaviesSupreme Court of Iowa · 1875
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3Cited by20 opinions
- Bedford v. KelleyMichigan Supreme Court · 1913
- Evans v. Illinois Surety Co.Illinois Supreme Court · 1921
- Adams v. Peabody Coal Co.Illinois Supreme Court · 1907
- United States Ex Rel. Wilhelm v. ChainSupreme Court of the United States · 1937
- Klatte v. Franklin State BankWisconsin Supreme Court · 1933
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