Legal Opinion

Phenix Insurance v. Caldwell

Appellate Court of Illinois

Decided October 12, 1899PublishedCited by 1 opinion

Assumpsit, on a policy of insurance. Trial in the Circuit Court of Rock Island County; the Hon. William H. G-est, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1899.

1Opinion of the CourtJustice Dibell

Appellant, on January 3,1894, issued a policy to appellee insuring his barn on his farm, in the sum of $2,500, against loss by fire, for five years, and also insuring certain personal property. The barn was destroyed by fire on September 28, 1897. Appellee brought this suit on the policy to recover for said loss. The policy contained the following conditions:

“ If the property be sold or transferred (in whole or in part), * * * or any change takes place in title or possession, * * * whether by * * * voluntary transfer, assignment or conveyance; or if the title or possession be changed from any…

2Cases cited15 opinions

  1. Washington Fire Insurance v. KellyCourt of Appeals of Maryland · 1870
  2. Phenix Insurance v. StocksIllinois Supreme Court · 1893
  3. Phenix Insurance v. HartIllinois Supreme Court · 1894
  4. Dwelling House Insurance v. DowdallIllinois Supreme Court · 1895
  5. Chappell v. McKnightIllinois Supreme Court · 1884

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3Cited by1 opinion

  1. Mark v. Liverpool & London & Globe InsuranceSupreme Court of Minnesota · 1924

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