Legal Opinion

American Central Insurance v. Rothchild

Illinois Supreme Court

Decided June 15, 1876PublishedCited by 4 opinions

Writ of Error to the Circuit Court of Marion county; the Hon. Amos Watts, Judge, presiding. This was an action brought by appellee against appellant, upon a policy of fire insurance, to recover for property destroyed by fire and covered by the policy sued on.

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Writ of Error to the Circuit Court of Marion county; the Hon. Amos Watts, Judge, presiding. This was an action brought by appellee against appellant, upon a policy of fire insurance, to recover for property destroyed by fire and covered by the policy sued on. One of the conditions of the policy was, that the insured, upon sustaining loss, should produce a certificate under the hand and seal of a magistrate or notary public nearest to the place of the fire, not concerned in the loss as a creditor or otherwise, nor related to assured, stating that he has examined the circumstances attending the…

1Opinion of the CourtJustice Scott

We will enter into no calculations to ascertain whether the office or residence of the officer who made the certificate of loss, as required by the 9th condition of the policy, was a few feet nearer or more distant from the exact point where the fire occurred, than that of another notary or justice. It is sufficient if it appears the certificate was made by an officer of the character designated residing in the same locality. That is all this condition in the policy requires, when given a commonsense construction. Where there are several officers residing in the same immediate neighborhood,…

2Cases cited3 opinions

  1. Peoria Marine & Fire Insurance v. WhitehillIllinois Supreme Court · 1861
  2. Peoria Marine & Fire Insurance v. AnapowIllinois Supreme Court · 1867
  3. Peoria Marine & Fire Insurance v. AnapowIllinois Supreme Court · 1869

3Cited by4 opinions

  1. E. H. Emery & Co. v. American InsuranceSupreme Court of Iowa · 1916
  2. Hagen v. SchleuterIllinois Supreme Court · 1908
  3. Dwelling House Insurance v. ButterlyAppellate Court of Illinois · 1889
  4. Pennsylvania Co. v. CohenAppellate Court of Illinois · 1896

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