Legal Opinion

Home Insurance Co. of New York v. Mendenhall

Illinois Supreme Court

Decided January 18, 1897PublishedCited by 46 opinions

Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. This is a suit on an insurance policy, brought by J. A. Mendenhall against the Home Insurance Company of New York.

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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. This is a suit on an insurance policy, brought by J. A. Mendenhall against the Home Insurance Company of New York. On the 27th day of October, 1889, Mendenhall procured from one W. S. Eearick, the agent of the Home Insurance Company at Ashland, Illinois, a policy of insurance on two dwelling houses and certain household goods, situated near Pleasant Plains, in Sangamon county, Illinois, aggregating in amount some $5300.…

1Opinion of the CourtJustice Phillips

Three propositions are presented and argued by appellant for the reversal of the judgment of the Appellate Court: First, that appellee had no insurable interest in the property burned at the time the policy was issued; second, that the premises were vacant, within the meaning of the clause in the policy relating thereto, at the time they were destroyed; and third, that appellee, in making proofs of loss as to a fire which occurred about four years previous, falsely swore that he was the owner in fee of the premises, wherefore, under the policy, he is barred of recovery in this case. All these…

2Cases cited7 opinions

  1. Phenix Insurance v. StocksIllinois Supreme Court · 1893
  2. Phenix Insurance v. HartIllinois Supreme Court · 1894
  3. Eastern Railroad v. Relief Firf InsuranceMassachusetts Supreme Judicial Court · 1868
  4. Rockford Insurance Co. v. StorigIllinois Supreme Court · 1890
  5. McLaren v. . the Hartford Fire Ins. Co.New York Court of Appeals · 1851

2 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
  2. Breece Veneer and Panel Company v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1956
  3. Crossman v. American InsuranceMichigan Supreme Court · 1917
  4. Beddow v. HicksAppellate Court of Illinois · 1940
  5. Patterson v. Durand Farmers Mutual Fire InsuranceAppellate Court of Illinois · 1940

41 more not listed; retrieve them via the Exa API.

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