Legal Opinion

Lenz v. German Fire Ins.

Appellate Court of Illinois

Decided February 28, 1898PublishedCited by 1 opinion

Assumpsit, on a policy of insurance. Trial in the Circuit Court of Marshall County; the Hon. Thomas M. Shaw, Judge, presiding. Verdict and judgment for defendant. Appeal by plaintiff.

1Opinion of the CourtJustice Wright

Action in assumpsit by appellant against appellee, on an insurance policy. Trial by jury, and after the close of plaintiff’s evidence, on motion of appellee, the court instructed the jury to find the issues in its favor, and judgment accordingly, from which the appellant prosecutes this appeal, assigning such action of the court for error.

That part of the policy upon which the questions for decision arise, is as follows:

“Ho. 12. This policy shall not be binding upon this company until the premium is actually paid, and unless such payment is made before the fire occurs. When a promissory note…

2Cases cited3 opinions

  1. Lycoming Insurance v. BarringerIllinois Supreme Court · 1874
  2. Carlock v. Phœnix InsuranceIllinois Supreme Court · 1891
  3. Curtin v. Phenix InsuranceCalifornia Supreme Court · 1889

3Cited by1 opinion

  1. Jones v. Aetna InsuranceAppellate Court of Illinois · 1922

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