Howard Fire & Marine Insurance v. Cornick
Illinois Supreme Court
Suit brought by defendants in error against plaintiffs in error. Declaration in covenant, upon a policy of insurance, alleges that policy was issued on the 6th of September, 1857, upon goods in stores Nos. 131 and 133 South Water Street, in Chicago.
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Suit brought by defendants in error against plaintiffs in error. Declaration in covenant, upon a policy of insurance, alleges that policy was issued on the 6th of September, 1857, upon goods in stores Nos. 131 and 133 South Water Street, in Chicago. Defendants pleaded non est factum, and several special pleas, alleging that the purpose for which the building in which the goods insured were kept was used, was not correctly and truly represented and warranted in the said policy and application and survey, and that the same was used for other and different purposes than those for which it was…
1Opinion of the CourtWalker, J.
It is urged that there was a breach of warranty by the assured, because a portion of the representations regarding the occupancy of the building which contained the goods, was untrue. By the policy, the application, the survey and conditions annexed, are made a part of the contract, and it is justly conceded, that in so far as they relate to the goods insured, they must be true, or the policy will be void. In this case, however, it is not claimed that any part of the description or representation of the goods covered by the policy, is untrue. The false representations relate alone to the…
2Cases cited4 opinions
- Farmers' Insurance & Loan Co. v. SnyderCourt for the Trial of Impeachments and Correction of Errors · 1836
- Masters v. Madison County Mutual InsuranceNew York Supreme Court · 1852
- Kentucky & Louisville Mutual Insurance v. SouthardCourt of Appeals of Kentucky · 1848
- Roth v. City Ins. Co.U.S. Circuit Court for the District of Ohio · 1855
3Cited by11 opinions
- McGowan v. People's Mutual Fire Ins.Supreme Court of Vermont · 1881
- Loomis v. Rockford InsuranceWisconsin Supreme Court · 1890
- Roby v. MurphyAppellate Court of Illinois · 1888
- Kennedy v. PeopleIllinois Supreme Court · 1866
- Brooke v. O'BoyleAppellate Court of Illinois · 1888
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