Illinois Live Stock Insurance v. Baker
Illinois Supreme Court
Writ op Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. Thomas P. Tipton, Judge, presiding. The opinion of the Appellate Court was as follows : “This was assumpsit upon an insurance policy issued by the company upon a horse belonging to the plaintiff.
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Writ op Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. Thomas P. Tipton, Judge, presiding. The opinion of the Appellate Court was as follows : “This was assumpsit upon an insurance policy issued by the company upon a horse belonging to the plaintiff. The policy contained a limitation clause of six months, and the declaration averred that the company waived this clause by requesting the plaintiff not to sue. In the first count the request was alleged to have been made after the six months had expired; in the…
1Opinion of the CourtJustice Baker
We think that the foregoing opinion of the Appellate Court, by Wall, J., properly disposes of all the questions raised upon this record affecting the real merits of the case. The vital issue on the trial was, had the company waived the time within which, by the terms of the policy, the suit should have been begun. That the evidence tended to prove such waiver, under the rule announced in the cases cited by Judge Wall, and again laid down in Allemania Fire Ins. Co. v. Peck et al. 133 Ill. 220, is beyond controversy, and the Appellate Court has, by its judgment of affirmance, conclusively found…
2Cases cited1 opinion
- Allemania Fire Insurance v. PeckIllinois Supreme Court · 1890
3Cited by19 opinions
- Joseph P. Cange, Cross-Appellant v. Stotler and Company, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1990
- Galloway v. Standard Fire InsuranceWest Virginia Supreme Court · 1898
- O'Brien v. Country Mutual InsuranceAppellate Court of Illinois · 1969
- Home Fire Insurance v. KuhlmanNebraska Supreme Court · 1899
- American Income Insurance v. KindlesparkerIndiana Court of Appeals · 1941
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