Lovejoy v. Hartford Fire Ins.
District Court, N.D. Illinois
On tlio second of December, 1880, a fire occurred at Topeka, Kansas, by which the stock of goods then in the store of the defendants C. IT. Lovejoy & Co. was destroyed. The owners were insured in various amounts by the companies named. At different times in December, 1880, and the following months of January and February, but prior to the commencement of the attachment suits, efforts wore made by the assured to adjust as a total loss, but without result.
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On tlio second of December, 1880, a fire occurred at Topeka, Kansas, by which the stock of goods then in the store of the defendants C. IT. Lovejoy & Co. was destroyed. The owners were insured in various amounts by the companies named. At different times in December, 1880, and the following months of January and February, but prior to the commencement of the attachment suits, efforts wore made by the assured to adjust as a total loss, but without result. On the twenty-sixth of February, 1881, before the assured had rendered the proofs of loss called for by the policies as a condition…
1Opinion of the Court
Blodgett, D. J.,
(orally.) The first question that is made in the ease, which applies to all .the companies that are defending here, is whether this garnishment proceeding is properly begun, — whether the necessary facts have been disclosed by the testimony to show that the *64claims upon these policies were in such condition in the hands of the principal defendants that the garnishment proceedings could be brought.
The principal defendants are non-residents of this state. Suit is brought under the attachment laws of the state of Illinois. There is, and has been from the commencement of this…
2Cases cited43 opinions
- Toland v. SpragueSupreme Court of the United States · 1838
- Commercial & Railroad Bank of Vicksburg v. Slocomb, Richards & Co.Supreme Court of the United States · 1840
- Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1828
- Northern Indiana Railroad Co. v. MICHIGAN CENT. RD. CO.Supreme Court of the United States · 1854
- Pollard & Pickett v. DwightSupreme Court of the United States · 1808
38 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gray v. Reliable Ins. Co.Supreme Court of Oklahoma · 1910
- Reid, Murdock & Co. v. MercurioMissouri Court of Appeals · 1902
- United States v. BrookeDistrict Court, S.D. New York · 1910
- Smaltz Goodwin Co. v. Poppe, Inc.Supreme Court of Minnesota · 1927