Legal Opinion

Niagara Fire Insurance v. Bishop

Illinois Supreme Court

Decided October 29, 1894PublishedCited by 1 opinion

Appeal from the Appellate Court for the Second District; — heard in that court on appeal from the Circuit Court of Kane county; the Hon. Henry B. Willis, Judge, presiding.

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Appeal from the Appellate Court for the Second District; — heard in that court on appeal from the Circuit Court of Kane county; the Hon. Henry B. Willis, Judge, presiding. The following is a statement of the facts of this case made by the Appellate Court: “On the 4th day of January, 1891, appellant issued a policy of insurance to appellee insuring him against loss by fire to his ice-house building on the bank of Fox River, near Elgin, until the 4th of July, 1892, to the amount of $1000.00. The policy contained the following provisions : “ ‘This company shall not be liable beyond the actual…

1Opinion of the Court

Magruder, J.:

This cause was tried by agreement before the court without a jury; and, therefore, both matters of law and fact were submitted to be tried by the court. In order to bring before this court for review a ruling of the trial court upon a question of law, written propositions must be submitted to the Court to be held as law in the decision of the case. If the court shall be of the opinion that a proposition so submitted is not the law, he shall write upon it, “refused;” and if he is of the opinion that a proposition so submitted is the law, he must write upon it, “held.” To the…

2Cases cited17 opinions

  1. Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
  2. United States v. RobesonSupreme Court of the United States · 1835
  3. President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
  4. Reed v. Washington Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1885
  5. Uhrig v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1886

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3Cited by1 opinion

  1. Grosvenor v. FlintSupreme Court of Rhode Island · 1897

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