Legal Opinion

Concordia Fire Insurance v. Bowen

Appellate Court of Illinois

Decided May 29, 1905No. Gen. No. 11,962PublishedCited by 7 opinions

Action of assumpsit. Appeal from the County Court of Cook County; the Hon. William H. Hinebaugh, Judge, presiding. Heard in this court at the October term, 1904. Statement fey the Court. The appellee sued appellant in the County Court of Cook county for a loss on an insurance policy. The declaration contained a special count on the policy, reciting it in haec verba, and the common money counts. The defendant pleaded the general issue only.

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Action of assumpsit. Appeal from the County Court of Cook County; the Hon. William H. Hinebaugh, Judge, presiding. Heard in this court at the October term, 1904. Statement fey the Court. The appellee sued appellant in the County Court of Cook county for a loss on an insurance policy. The declaration contained a special count on the policy, reciting it in haec verba, and the common money counts. The defendant pleaded the general issue only. The cause was submitted to a jury in due course, and the jury found a verdict for the plaintiff for $860, being the full amount of the policy and interest…

1Opinion of the CourtJustice Bbown

Appellee’s counsel in this case devotes more attention in his argument to the proposition that because the bill of exceptions does not certify that it contains all the evidence in the cause, we cannot consider the attack made on the judgment by the appellant, than he does to the merits of the objections urged to that judgment. This is unfortunate, because we are very clear that they are properly before us. We thought it was well understood that this court is committed to the. doctrine that although there ought to be a certificate in a bill of exceptions that it contains all the evidence, if…

2Cases cited18 opinions

  1. National Bank v. Insurance Co.Supreme Court of the United States · 1878
  2. Continental Life Insurance v. RogersIllinois Supreme Court · 1887
  3. Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890
  4. Phenix Insurance v. StocksIllinois Supreme Court · 1893
  5. Carroll v. Girard Fire Insurance of the City of PhiladelphiaCalifornia Supreme Court · 1887

13 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Missouri Pacific Railroad v. Illinois Commerce Commission Ex Rel. Brotherhood of Railroad TrainmenIllinois Supreme Court · 1948
  2. Crawford v. Abraham Lincoln Life InsuranceAppellate Court of Illinois · 1934
  3. Lancashire Insurance v. LyonAppellate Court of Illinois · 1906
  4. Torpedo Top Co. v. Royal InsuranceAppellate Court of Illinois · 1911
  5. Zycinski v. City of ChicagoAppellate Court of Illinois · 1911

2 more not listed; retrieve them via the Exa API.

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