Fame Insurance v. Thomas
Appellate Court of Illinois
Appeal from the Superior Court of Cook county, the Hon. Sidney Smith, Judge, presiding. This cause was before this court at the October term, 1879, under the title of Fame Insurance Company v. Mann et ah, at which time a judgment against the insurance company was reversed for the reasons stated in the opinion then filed. 4 Brad-well, 485. It appears by the present record that the suit was commenced on the 26th day of September, 1876, by David J. Thomas, for the use of Joseph…
Read the full summary
Appeal from the Superior Court of Cook county, the Hon. Sidney Smith, Judge, presiding. This cause was before this court at the October term, 1879, under the title of Fame Insurance Company v. Mann et ah, at which time a judgment against the insurance company was reversed for the reasons stated in the opinion then filed. 4 Brad-well, 485. It appears by the present record that the suit was commenced on the 26th day of September, 1876, by David J. Thomas, for the use of Joseph Mann and Henry Mann, and that on the 18th day of November, 1876, on motion of the plaintiff’s attorney, all the papers…
1Opinion of the CourtBailey, J.
The defendant’s plea, setting up the condition of the policy, limiting the time for the commencement of an action for a loss to twelve months next after the same should occur, raises the question of the identity of the present action with the one pending prior to the substitution of David J. Thomas as plaintiff, in place of Joseph Mann and Henry Mann. It is insisted that the amendment was tantamount to a discontinuance of the action previously pending, and the commencement of a new action, and that, as more than twelve months had then elapsed since the date of the loss, the action should, be…
2Cited by5 opinions
- Connecticut Mutual Life Insurance v. YoungAppellate Court of Illinois · 1898
- Cessna v. United States Life Endowment Co.Appellate Court of Illinois · 1910
- Dailey v. Grand Lodge Brotherhood of Railroad TrainmenAppellate Court of Illinois · 1922
- Brignac v. Pacific Mut. Life Ins.Supreme Court of Louisiana · 1904
- Dimmick v. Illinois Automobile Fire Insurance ExchangeAppellate Court of Illinois · 1920