Legal Opinion

Peoria Marine & Fire Insurance v. Whitehill

Illinois Supreme Court

Decided April 15, 1861PublishedCited by 33 opinions

This was an action of debt brought in the McLean Circuit Court. The declaration contains one count on a sealed policy of fire insurance, the common money counts and account stated. The cause was heard before Davis, Judge, and a jury. The jury found for the plaintiff below. Debt, ,$1,056. Damages, one cent. The facts of the case are stated in the opinion of the court.

1Opinion of the CourtBreese, J.

This was an action of debt on a policy of insurance against loss by fire, entered into March 29,1859, for two months then next ensuing. The declaration contains a special count on the policy setting out the condition, together with the common money counts and an account stated. The loss happened April 3, 1859, and the suit was commenced July 27, 1860. The plea was nil debit, with the following notice:

The plaintiff will take notice that upon the trial of this cause the defendant will prove and insist upon as his defense, that by the conditions of insurance referred to (No. xvii) in the said…

2Cases cited5 opinions

  1. Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Eagle Insurance v. Lafayette InsuranceIndiana Supreme Court · 1857
  3. Kenyon v. City of IndianapolisIndiana Superior Court · 1872
  4. Williams v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1848
  5. Case v. Hartford Fire InsuranceIllinois Supreme Court · 1852

3Cited by33 opinions

  1. Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
  2. Andes Insurance v. FishIllinois Supreme Court · 1874
  3. Home Insurance & Banking Co. v. MyerIllinois Supreme Court · 1879
  4. Omaha Fire Insurance v. Dierks & WhiteNebraska Supreme Court · 1895
  5. Schoonover v. American Family InsuranceAppellate Court of Illinois · 1991

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