Egan v. Boston Insurance
Appellate Court of Illinois
Assumpsit,—Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge presiding. Heard in the Branch Appellate Court at the October term, 1902. In April, 1889, appellant being the owner of a one-thii’d interest, in the steamer “ P. D. Armour,” took out policies of insurance in different companies, covering his said interest, to the amount of $30,000. One of said policies was issued by appellee and was for the sum of $5,000. In -September of that year…
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Assumpsit,—Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge presiding. Heard in the Branch Appellate Court at the October term, 1902. In April, 1889, appellant being the owner of a one-thii’d interest, in the steamer “ P. D. Armour,” took out policies of insurance in different companies, covering his said interest, to the amount of $30,000. One of said policies was issued by appellee and was for the sum of $5,000. In -September of that year the steamer “ Armour was sunk in collision with the propellor “ Marion,” and upon adjustment the share of the loss which…
1Opinion of the Court
Mr. Presiding Justice Freeman
delivered the opinion of the court.
It is conceded by appellant that practically his only defense to the suit arises under his plea of the statute of limitations. The right of appellee to recover, unless its suit is barred by that statute, was apparently determined in Egan v. British and Foreign Marine Insurance Company, 193 Ill. 295, a case in which the facts were substantially the same as in the present suit.
Appellant contends that this is not an action upon a written contract, but upon a mere implied promise to pay arising from the relation of the parties as…
2Cases cited3 opinions
- Plumb v. CampbellIllinois Supreme Court · 1888
- Egan v. British & Foreign Marine InsuranceIllinois Supreme Court · 1901
- Cochrane v. OliverAppellate Court of Illinois · 1880
3Cited by2 opinions
- Spoor v. Q. & C. Co.Court of Appeals for the Seventh Circuit · 1947
- Spoor v. Q & C Co.District Court, N.D. Illinois · 1946