Crikelair v. Citizens' Insurance
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This is an appeal from the judgment of the Appellate Court affirming a judgment of the circuit court of Cook county, rendered against appellants for costs, in an action brought by them against the appellee company to recover upon an insurance policy.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This is an appeal from the judgment of the Appellate Court affirming a judgment of the circuit court of Cook county, rendered against appellants for costs, in an action brought by them against the appellee company to recover upon an insurance policy. Appellants were, on the 9th day of November, 1893, engaged in the business of selling wall paper, paints, varnishes and other like articles at No. 220 Cherry street, in the city of…
1Opinion of the CourtJustice Boggs
delivered the ópinion of the court:
By the stipulation in the policy, the terms of which are plain, direct and unambiguous, the parties hereto agreed that if the insured property, at the time the insurance was effected, was encumbered by chattel mortgage, the indemnity should not attach but the policy should be void. This was the contract of the parties deliberately made, and the only question presented is, whether they are bound by it. They were competent to enter into the stipulation, no rule of law was contravened by it, and there is no ground apparent to us upon which to base a claim of…
2Cases cited3 opinions
- Wilcox v. Continental Insurance Co. of New YorkWisconsin Supreme Court · 1893
- Fitchburg Savings Bank v. Amazon InsuranceMassachusetts Supreme Judicial Court · 1878
- Reaper City Insurance v. BrennanIllinois Supreme Court · 1871
3Cited by13 opinions
- Capps v. National Union Fire InsuranceIllinois Supreme Court · 1925
- Allesina v. London InsuranceOregon Supreme Court · 1904
- Northwestern Masonic Aid Ass'n v. BodurthaIndiana Court of Appeals · 1899
- Pollock v. Connecticut Fire InsuranceIllinois Supreme Court · 1935
- Foster v. Illinois Travelers Home, Insurance Co. of ChicagoTennessee Supreme Court · 1928
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