Legal Opinion

Chicago Building Society v. Crowell

Illinois Supreme Court

Decided September 15, 1872PublishedCited by 19 opinions

Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. In this case Henry A. Crowell procured a loan of money from the Chicago Building Society, for which he gave his note secured by deed of trust upon certain real estate, and .covenanted in such deed to keep the buildings thereon insured in such company or companies as the Building Society should designate.

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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. In this case Henry A. Crowell procured a loan of money from the Chicago Building Society, for which he gave his note secured by deed of trust upon certain real estate, and .covenanted in such deed to keep the buildings thereon insured in such company or companies as the Building Society should designate. By a subsequent arrangement the society, through its secretary and managing agent, agreed with Crowell to procure such insurance for him in the sum of $1000, but before the same was effected the…

1Opinion of the CourtJustice Scott

The principal points relied on? to reverse this judgment are—

First—That the contract made by the building society to procure the insurance upon the property of the appellee was ultra vb'es, not incidental to the purposes of the corporation, nor for its benefit, of which the appellee, being a member of the company, Avas bound to take notice.

Second—In any event, the damages found by the jury are excessive. »

The jury having found the facts, we must regard the contract as having been made as alleged in the declaration. There is, howeArer, no serious dispute in the evidence as to the nature and…

2Cases cited5 opinions

  1. Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
  2. Parish v. . WheelerNew York Court of Appeals · 1860
  3. Abby v. BillupsMississippi Supreme Court · 1858
  4. Perkins v. Portland, Saco & Portsmouth RailroadSupreme Judicial Court of Maine · 1859
  5. Buffit v. Troy & Boston Rail RoadNew York Supreme Court · 1862

3Cited by19 opinions

  1. Darst v. GaleIllinois Supreme Court · 1876
  2. Kerrigan v. Unity Savings AssociationIllinois Supreme Court · 1974
  3. Durham v. Carbon Coal & Mining Co.Supreme Court of Kansas · 1879
  4. Denver Fire Insurance v. McClellandSupreme Court of Colorado · 1885
  5. Union Hardware Co. v. Plume & Atwood Manufacturing Co.Supreme Court of Connecticut · 1889

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