Legal Opinion

Kinney v. Rochester German Insurance

Appellate Court of Illinois

Decided June 11, 1908No. Gen. No. 13,895PublishedCited by 15 opinions

Assumpsit. Appeal from the Municipal Court of Chicago; the Hon. Edward A. Dicker, Judge, presiding.

1Opinion of the CourtJustice Brown

In the Municipal Court this action was by Harry W. Kinney as plaintiff against The Rochester German Insurance Company as defendant. It was submitted to the court without a jury, and the court found the issues for the defendant and gave judgment for costs. From this judgment the plaintiff appealed to this court,—the cause being of the first class under the Municipal Court Act. The questions in it arise under the affirmative defenses made by the defendant. There is no dispute about the prima facie case made by the plaintiff. The suit was brought in assumpsit on a policy of fire insurance for…

2Cases cited9 opinions

  1. Grace v. American Central InsuranceSupreme Court of the United States · 1883
  2. White v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1876
  3. Borden v. CroakIllinois Supreme Court · 1889
  4. Tisdell v. . New Hampshire Fire Ins. Co.New York Court of Appeals · 1898
  5. Hartford Fire Insurance v. McKenzieAppellate Court of Illinois · 1897

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3Cited by15 opinions

  1. German Union Fire Insurance v. Fred G. Clarke Co.Court of Appeals of Maryland · 1911
  2. Mangrum & Otter Inc. v. Law Union & Rock Insurance Co.California Supreme Court · 1916
  3. Roby v. Decatur Steel Erectors, Inc.Appellate Court of Illinois · 1978
  4. McDonald v. North River InsuranceIdaho Supreme Court · 1923
  5. Parks v. Lumbermans Mutual Casualty Co.Appellate Court of Illinois · 1945

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