Stephens v. Phœnix Assurance Co.
Appellate Court of Illinois
Assumpsit, on a policy of fire insurance. Trial in the Circuit Court of Cook County; the Hon. Charles A. Bishop, Judge, presiding. Verdict and judgment for defendant; appeal by plaintiffs. Heard in the Branch Appellate Court at the October term, 1899.
1Opinion of the CourtJustice Freeman
■ Counsel for appellant state, in their brief that appellant did not, in her declaration, count upon the policies, which had before been surrendered to and were in the possession of appellee, but upon the insurance generally. The declaration alleged that the policies were “ not surrendered by said plaintiff or canceled,' but that the possession thereof was obtained by said defendant by the fraudulent representations made by said defendant and its agents and servants, and therefore plaintiff is unable to produce said policies.” It is charged that appellee’s agent, who was also agent for…
2Cases cited6 opinions
- Johnson v. Humboldt InsuranceIllinois Supreme Court · 1878
- Germania Fire Insurance v. KlewerIllinois Supreme Court · 1889
- Insurance Co. of North America v. GarlandIllinois Supreme Court · 1883
- Newmarket Savings Bank v. Royal InsuranceMassachusetts Supreme Judicial Court · 1890
- Firemen's Insurance v. HortonIllinois Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Athens Mutual Insurance v. ToneyCourt of Appeals of Georgia · 1907
- Hansell-Elcock Co. v. Frankfort Marine Accident & Plate Glass InsuranceAppellate Court of Illinois · 1913
- Illinois Tunnel Co. ex rel. Farrell v. General Accident Fire & Life InsuranceAppellate Court of Illinois · 1920
- Martin v. Fraternal Reserve Life Ass'nAppellate Court of Illinois · 1916