Phoenix Insurance v. Mills

This is an action, on an insurance policy issued by appellant to appellee on a stock of groceries in a building then owned by a Mrs. Frank Hopkins, located in Makanda, Illinois.

The declaration contains three counts—two on the policy and the third the common counts. Appellant tiled four pleas, but relies only on the general issue and the third plea, which is as follows:

“ And for a third plea in this behalf said defendant says, ‘ actio non,’ because it says it is further provided in and by said insurance policy, set out in plaintiff’s declaration, among other things, as follows: ‘ This company…