Traders' Insurance v. Race
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Henry M. Shepard, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Henry M. Shepard, Judge, presiding. August 28, 1882, appellants, the Traders’ Insurance Company and the Agricultural Insurance Company of Watertown, New York, issued their several policies of insurance on a frame dwelling, and furniture therein, to Sarah Hirsch, owner, running five years, in the sum of $2500 each on the house and $500 on the furniture, aggregating $6000 of insurance against loss or damage by fire. The policy issued by the Traders’s Insurance…
1Opinion of the Court
Per Curiam :
The question whether appellants were entitled to subrogation to the rights of the mortgagee in the notes and mortgage mentioned, and to foreclose the mortgage, was one of equitable cognizance. Their right to pursue the remedies for the foreclosure of the mortgage, vested by that instrument in the mortgagee, could not he determined except in a court of equity, and that court having jurisdiction of the subject matter, had the power to determine all incidental questions affecting the right claimed.
If the contract of insurance was for the indemnity of the mortgagor as well as the…
2Cases cited1 opinion
- Van Arman v. ByingtonIllinois Supreme Court · 1865
3Cited by25 opinions
- Loewenstein v. Queen InsuranceSupreme Court of Missouri · 1910
- Ohio Farmers Insurance v. VogelIndiana Supreme Court · 1906
- Tarr v. StearmanIllinois Supreme Court · 1914
- Imperial Assur. Co. v. LivingstonCourt of Appeals for the Eighth Circuit · 1931
- Frontier Mortgage Corp. v. HeftCourt of Appeals of Maryland · 1924
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