Coen v. Denver Township Mutual Fire Insurance
Appellate Court of Illinois
Assumpsit. Appeal from the Circuit Court of Richland county; the Hon. J. R. Creighton, Judge, presiding. Heard in this court at the October term, 1909. Statement by the Court.
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Assumpsit. Appeal from the Circuit Court of Richland county; the Hon. J. R. Creighton, Judge, presiding. Heard in this court at the October term, 1909. Statement by the Court. On August 7, 1908, the appellants began this suit in assumpsit against the appellee, on an insurance policy for $500, dated October 5, 1905, insuring certain property therein named for five years from said date, against all loss and damage that might happen to the same by fire or lightning, not exceeding the sum insured, etc. The declaration sets out the policy in haec verba, and the said insurance was distributed in…
1Opinion of the CourtJustice Duncan
First. It was only necessary for the plaintiffs to aver they had an interest in the property to the amount of their claim. New Eng. F. and M. Ins. Co. v. Wetmore, 32 Ill. 241. It was not necessary to allege that the plaintiffs had the character of title or interest in the property stated in the policy or application. The plaintiff is only required to allege and prove such matters as appear to be conditions precedent in the policy. If the application contains false representations or warranties as to title or other matters, the defendant, to avail of such a defense, must plead the same…
2Cases cited9 opinions
- Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890
- Schrœder v. Merchants & Mechanics' InsuranceIllinois Supreme Court · 1882
- Decatur Bank v. St. Louis BankSupreme Court of the United States · 1875
- Schmidt v. BallingAppellate Court of Illinois · 1900
- Niagara Fire Insurance v. D. Heenan & Co.Illinois Supreme Court · 1899
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3Cited by2 opinions
- Irvin v. Metropolitan-Hibernia Fire InsuranceAppellate Court of Illinois · 1928
- Northern Montana Mustard Growers Co-operative v. BrittonMontana Supreme Court · 1955