Peoria Marine & Fire Insurance v. Lewis
Illinois Supreme Court
This suit was brought to February term, 1856. Declaration contained four counts, upon a policy of insurance, which, with the conditions, so far as is necessarily connected with this case, is as follows : By this policy of insurance, the Peoria Marine and Fire Insurance Company, in consideration of forty dollars, to them paid by the assured hereinafter named, the receipt whereof is hereby acknowledged, do insure Lewis Smith, Esq,, & Co., against loss or damage by fire, to the…
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This suit was brought to February term, 1856. Declaration contained four counts, upon a policy of insurance, which, with the conditions, so far as is necessarily connected with this case, is as follows : By this policy of insurance, the Peoria Marine and Fire Insurance Company, in consideration of forty dollars, to them paid by the assured hereinafter named, the receipt whereof is hereby acknowledged, do insure Lewis Smith, Esq,, & Co., against loss or damage by fire, to the amount of two thousand dollars, on their starch factory building, including machinery and fixtures. Said building is…
1Opinion of the CourtScates, C. J.
I will, for convenience, notice the assignments of error in the order in which they are made.
The first error alleges the overruling the 5th, 6th and 11th pleas. I think there is no error in this.
The 1st and 2d counts allege that the defendants gave in a particular account of the loss, verified, etc., and that plaintiffs waived imperfections and deficiencies, and consented to an amended statement, etc. *
The 5th plea contains no traverse of these averments, but seeks to bar the action, notwithstanding their waiver of these very omissions, as they admit, virtually, by not traversing these…
2Cited by27 opinions
- Continental Life Insurance v. RogersIllinois Supreme Court · 1887
- Knickerbocker Insurance v. GouldIllinois Supreme Court · 1875
- Noe v. City of ChicagoIllinois Supreme Court · 1974
- Donahue v. Windsor County M. Fire Ins.Supreme Court of Vermont · 1883
- Insurance Co. of North America v. McDowell & BrownIllinois Supreme Court · 1869
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