Legal Opinion

Cody v. Commercial Fire Insurance

Appellate Court of Illinois

Decided June 27, 1883PublishedCited by 2 opinions

Appeal from the Circuit Court of Cook county; the Hon. John Gr. Rogers, Judge, presiding. Assumpsit upon a policy of insurance against loss by fire, issued by appellee to appellant, on his two story and basement brick building, Mo. 3725 South Halsted street, Chicago. The building was partially destroyed by fire, causing a loss of $540. The declaration was in the usual form, containing two special counts on the policy, and also the common counts.

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Appeal from the Circuit Court of Cook county; the Hon. John Gr. Rogers, Judge, presiding. Assumpsit upon a policy of insurance against loss by fire, issued by appellee to appellant, on his two story and basement brick building, Mo. 3725 South Halsted street, Chicago. The building was partially destroyed by fire, causing a loss of $540. The declaration was in the usual form, containing two special counts on the policy, and also the common counts. The defendant pleaded the general issue, and gave notice thereunder “ that the plaintiff forfeited his policy, by allowing a smoke house to be and…

1Per curiam

The verdict was inconsistent and absurd. The plaintiff introduced evidence tending to support the allegations in his declaration, and the jury found the issues in his favor. By the undisputed evidence the damages proved amounted to the sum of $540. If the plaintiff was entitled to recover, the verdict should have been for r,hat sum; if he was not entitled to recover, the verdict should have been for the defendant. The record as it stands, is simply a judicial burlesque, and, if allowed to remain unreversed, would reflect unfavorably upon the administration of justice in courts of law.

The…

2Cited by2 opinions

  1. Selamakos v. Victory Ice & Ice Cream Co.Appellate Court of Illinois · 1927
  2. Conrad Seipp Brewing Co. v. PeckAppellate Court of Illinois · 1899

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