Platt v. Ætna Insurance
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 Morgan county; the Hon. Cyrus Epler, Judge, presiding. Plaintiff in error declared on a policy of insurance issued to him by the defendant company, setting out the policy at length, and a written submission to and award by arbitrators, mutually chosen, as to the amount of loss.
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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 Morgan county; the Hon. Cyrus Epler, Judge, presiding. Plaintiff in error declared on a policy of insurance issued to him by the defendant company, setting out the policy at length, and a written submission to and award by arbitrators, mutually chosen, as to the amount of loss. The policy covered plaintiff’s residence to the amount of $3200 and furniture $800. The policy contained among others, the following provisions : “Payments of losses shall be made in sixty days after the…
1Opinion of the CourtJustice Carter
The errors assigned on this record bring in question, first, the sufficiency of the plea to sustain the judgment of the circuit court rendered in bar of plaintiff’s action; and second, the ruling of that court in sustaining defendant’s demurrer to plaintiff’s replications to said plea.
The substance of the plea is, that after the submission and award mentioned in the declaration, and within the thirty days provided in the policy, the defendant gave written notice to the plaintiff of its intention to rebuild, and undertook to rebuild, and was prevented by the plaintiff. The provisions in the…
2Cases cited5 opinions
- Williamsburg City Fire Insurance v. CaryIllinois Supreme Court · 1876
- West v. PlattMassachusetts Supreme Judicial Court · 1879
- Ludeke v. SutherlandIllinois Supreme Court · 1877
- Wynkoop v. . Niagara Fire Ins. Co.New York Court of Appeals · 1883
- Soars v. Home InsuranceMassachusetts Supreme Judicial Court · 1885
3Cited by16 opinions
- Fuchs & Lang Manufacturing Co. v. R. J. Kittredge & Co.Illinois Supreme Court · 1909
- Flavelle v. Red Jacket Consolidated Coal & Coke Co.West Virginia Supreme Court · 1918
- Van Vlissingen v. LenzIllinois Supreme Court · 1897
- Western Coal & Dock Co. v. Traders InsuranceAppellate Court of Illinois · 1905
- Elliott v. Merchants & Bankers Fire InsuranceSupreme Court of Iowa · 1899
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