Peoria Marine & Fire Insurance v. Hervey
Illinois Supreme Court
Appeal from the Superior Court of Chicago. This was an action of assumpsit brought in the Superior Court of Chicago by Frances W. Smith against the Peoria Marine and Fire Insurance Company. The marriage of the plaintiff with Robert Hervey being suggested to the court, he was made a party plaintiff. The cause was submitted to the court for trial without a jury, and the court found for the plaintiffs, and assessed the damages at one thousand and sixty-two dollars.
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Appeal from the Superior Court of Chicago. This was an action of assumpsit brought in the Superior Court of Chicago by Frances W. Smith against the Peoria Marine and Fire Insurance Company. The marriage of the plaintiff with Robert Hervey being suggested to the court, he was made a party plaintiff. The cause was submitted to the court for trial without a jury, and the court found for the plaintiffs, and assessed the damages at one thousand and sixty-two dollars. A motion for a new trial was made and overruled, and a judgment entered on the verdict. From this judgment the insurance company…
1Opinion of the CourtJustice Breese
This was an action of assumpsit originally commenced by Mrs. Frances W. Smith, who, during the progress of the suit, intermarried with Robert Hervey, the plaintiff, and against the Peoria Marine and Fire Insurance Company. A verdict was rendered for the plaintiff, a motion for a new. trial overruled, and the case brought here by a writ of error on the bill of exceptions. The declaration contained three counts; the first, after reciting the issuing of an insurance policy by the defendant to one Bishop, the terms thereof, &c., goes on to allege that Bishop, being sole owner of the property…
2Cases cited4 opinions
- Wood v. Rutland & Addison Mutual Fire InsuranceSupreme Court of Vermont · 1859
- Benjamin v. . the Saratoga County Mutual Fire Ins. Co.New York Court of Appeals · 1858
- Hodges v. EastmanSupreme Court of Vermont · 1839
- Tucker v. United Marine & Fire InsuranceMassachusetts Supreme Judicial Court · 1815
3Cited by3 opinions
- First National Bank v. BakerAppellate Court of Illinois · 1896
- German Fire Insurance v. CarrowAppellate Court of Illinois · 1886
- Gray ex rel. Timmons v. BeverAppellate Court of Illinois · 1905