Forest City Insurance v. Hardesty
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Hamilton county; the Hon. E. E. Hewlin, Judge, presiding. This is an action of assumpsit, brought on May 11, 1896, by James Hardesty, administrator of the estate of Henry Hardesty, deceased, on a fire insurance policy, dated January 21, 1892, issued to Henry Hardesty, insuring certain dwelling houses, household furniture, and grain hereafter described.
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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Hamilton county; the Hon. E. E. Hewlin, Judge, presiding. This is an action of assumpsit, brought on May 11, 1896, by James Hardesty, administrator of the estate of Henry Hardesty, deceased, on a fire insurance policy, dated January 21, 1892, issued to Henry Hardesty, insuring certain dwelling houses, household furniture, and grain hereafter described. The declaration sets out the policy in Ticec verba, and contains averments setting up the facts hereinafter stated. The appellant…
1Opinion of the CourtJustice Magruder
The policy of insurance in this case contains, among other conditions, the following condition: “If any change takes place in the title, possession, or interest of the assured in the above mentioned property, * * * this policy shall be void.” The insurance company agrees to make good the loss during a period of five years from January 21,1892, to January 21,1897. The assured, Henry Hardesty, died on April 16, 1894, and the fire, which destroyed the dwelling houses, occurred on November 28, 1895. The death of the assured and the loss both occurred within the five years. The loss of the…
2Cases cited10 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890
- Niagara Fire Insurance v. ScammonIllinois Supreme Court · 1881
- Geo. Home Ins. v. Kinnier's adm'xSupreme Court of Virginia · 1877
- Commercial Insurance v. RobinsonIllinois Supreme Court · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Union Accident Co. v. WillisSupreme Court of Oklahoma · 1915
- Budelman v. American InsuranceIllinois Supreme Court · 1921
- Crowell v. Maryland Motor Car InsuranceSupreme Court of North Carolina · 1915
- Blough v. EkstromAppellate Court of Illinois · 1957
- Kendall v. Travelers' Protective Ass'nOregon Supreme Court · 1918
28 more not listed; retrieve them via the Exa API.