Phenix Insurance v. Belt Railway Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the First District affirming the judgment of the superior court of Cook county, in an action brought by appellee, against appellant, on a policy of fire insurance.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the First District affirming the judgment of the superior court of Cook county, in an action brought by appellee, against appellant, on a policy of fire insurance. Appellant issued its policy of insurance indemnifying appellee against loss or damage by fire, among other items, viz.: “$52,750 on rolling stock as described below, or leased, and for which the assured…
1Opinion of the CourtJustice Craig
It is first contended by appellant that the action is barred because it was not brought within one year after the fire, as required by the terms of the policy. The question whether the action was barred was raised by appellant’s demurrer to appellee’s second replication to appellant’s fourth plea, but when the court overruled the demurrer the appellant did not stand by the demurrer, but filed a rejoinder traversing the facts set up in the replication. The rule is well settled in this State, that where a party to an action desires to have the ruling of the court in overruling a demurrer…
2Cases cited4 opinions
- Chicago & Alton Railroad v. ClausenIllinois Supreme Court · 1898
- Continental Insurance v. RuckmanIllinois Supreme Court · 1889
- Home Insurance & Banking Co. v. MyerIllinois Supreme Court · 1879
- Home Insurance Co. of New York v. Peoria & Pekin Union Railway Co.Illinois Supreme Court · 1899
3Cited by9 opinions
- Heimberger v. Elliot Frog & Switch Co.Illinois Supreme Court · 1910
- Gray v. Merchants Insurance Co. of NewarkAppellate Court of Illinois · 1904
- Western Underwriters Ass'n v. HankinsIllinois Supreme Court · 1906
- Lewis v. Fire Ass'n of PhiladelphiaCourt of Appeals for the Seventh Circuit · 1950
- Nordhaus v. Vandalia RailroadAppellate Court of Illinois · 1909
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