Heffron v. Rochester German Insurance
Appellate Court of Illinois
Action of' assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Frederick A. Smith, Judge, presiding. Statement by the Court. April 4, 1894, the appellant sued appellee, in assumpsit. The declaration, filed May 11, 1894, consists of the consolidated common counts, including a 'count on an account stated.
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Action of' assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Frederick A. Smith, Judge, presiding. Statement by the Court. April 4, 1894, the appellant sued appellee, in assumpsit. The declaration, filed May 11, 1894, consists of the consolidated common counts, including a 'count on an account stated. The defendant, the insurance company, pleaded the general issue, and such proceedings were had that, March 4, 1899, the plaintiff,, Heffron, recovered judgment for the sum of $3,212.83, from which judgment the defendant appealed to this Court, and the judgment of the trial court…
1Opinion of the CourtJustice Adams
The fire which destroyed the insured property occurred April 7, 1893, and the amended declaration was filed in 1904. By the contract between the parties the time for bringing suit is limited to twelve months next after the fire. The plaintiff had, by the contract, sixty days after the fire, or until about June 6, 1893, in which to furnish to the defendant proof of loss, so that plaintiff might have commenced suit in June or July, 1893. Two counts of the amended declaration were filed March 10 and the third count April 27, 1904, both dates being more than ten years after the cause of action…
2Cases cited4 opinions
- Fish v. FarwellIllinois Supreme Court · 1895
- People ex rel. Gorman v. Judge of the Newaygo Circuit CourtMichigan Supreme Court · 1873
- Eylenfeldt v. Illinois Steel Co.Illinois Supreme Court · 1896
- Chicago City Railway Co. v. LeachIllinois Supreme Court · 1899
3Cited by3 opinions
- Western Coal & Dock Co. v. Traders InsuranceAppellate Court of Illinois · 1905
- Hartzell v. Maryland Casualty Co.Appellate Court of Illinois · 1911
- Heffron v. Concordia Fire InsuranceAppellate Court of Illinois · 1908