Ziolkowski v. Continental Casualty Co.

Mr. Presiding Justice Soanlan

delivered the opinion of the court.

Plaintiff sued defendant in assumpsit as beneficiary under an accident insurance policy issued by defendant to one Joseph Sarnoüski. The case was tried by the court, without a jury, and the issues were found for plaintiff and damages were assessed in the sum of $2,645. Defendant has appealed from a judgment entered upon the finding.

The declaration consisted of one count and contained a copy of the contract of insurance. Defendant filed a plea of the general issue and two special pleas, the first special plea alleging “that the…