Legal Opinion

Hartford Fire Insurance v. Hadden

Illinois Supreme Court

Decided April 15, 1862PublishedCited by 2 opinions

By its policy of insurance, dated August 14, 1860, the appellant, the Hartford Insurance Company, insured Mr. Had- (den, for two years, against loss by fire, in the sum of $1,500, on his mortgage interest in two wooden dwelling-houses, owned by JD. W. Young, of Aurora, Illinois, situated on lots one and three of the original town of Aurora. On the 5th of November following, one of the houses in question, worth $2,400, was burnt; the other, worth $600, was not injured.

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By its policy of insurance, dated August 14, 1860, the appellant, the Hartford Insurance Company, insured Mr. Had- (den, for two years, against loss by fire, in the sum of $1,500, on his mortgage interest in two wooden dwelling-houses, owned by JD. W. Young, of Aurora, Illinois, situated on lots one and three of the original town of Aurora. On the 5th of November following, one of the houses in question, worth $2,400, was burnt; the other, worth $600, was not injured. The present action was instituted upon the policy against the company, for a refusal to pay the loss. Three special pleas were…

1Opinion of the Court

Catón, C. J.

The language of the statute is so express and positive that it leaves no room for the courts to make exceptions to it. It is this: “ That no corporation shall hereafter interpose the defense of usury in any action.” And this is all there is of the act, except that the second section defines what is meant by a corporation, in the broadest possible terms, and the concluding section, which makes the act take effect immediately. It might help us some if we had found this provision in the general interest law, from which we might infer a design to limit it to cases where the…

2Cited by2 opinions

  1. Bell v. PrewittIllinois Supreme Court · 1872
  2. Union National Bank v. International BankAppellate Court of Illinois · 1887

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