Fish v. Seeberger
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. This was an action of assumpsit, brought by appellee, to recover certain insurance money, claimed by him to have been received by appellant, for loss on certain butter belonging to appellee. It appeared upon the trial that appellant, a commission merchant, had, in the year 1889, a large quantity of butter, belonging to appellee, which had been sent to appellant for sale.
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Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. This was an action of assumpsit, brought by appellee, to recover certain insurance money, claimed by him to have been received by appellant, for loss on certain butter belonging to appellee. It appeared upon the trial that appellant, a commission merchant, had, in the year 1889, a large quantity of butter, belonging to appellee, which had been sent to appellant for sale. This butter had been stored by appellant in a certain warehouse in the city of Chicago, awaiting sale, and while in such warehouse, on…
1Opinion of the CourtJustice Waterman
Appellant denies that it was the custom of commission merchants in Chicago at this time to insure goods in their charge, although he admits making a charge for insurance, and in one of the letters to appellee stated that where goods are held in storage it is customary to charge insurance. However this may be, the fact appears that appellant did take out certain policies of insurance amounting in the aggregate to the sum of §15,500, and that the said policies covered by their terms all butter held by appellant, either on his own account or in trust or on commission, and that under this policy…
2Cases cited9 opinions
- Dutton v. . WillnerNew York Court of Appeals · 1873
- Dennis v. McCaggIllinois Supreme Court · 1863
- Indianapolis & St. Louis Railroad v. EstesIllinois Supreme Court · 1880
- Wight Fire Proofing Co. v. PoczekaiIllinois Supreme Court · 1889
- Driggers v. BellIllinois Supreme Court · 1879
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