Legal Opinion

Aurora Fire Insurance v. Eddy

Illinois Supreme Court

Decided September 15, 1870PublishedCited by 17 opinions

Appeal from the Circuit Court of DeKalb county; the Hon. Theodore D. Murphy, Judge, presiding. This was an action of assumpsit, brought by James W. Eddy, against the Aurora Fire Insurance Company, to recover upon, a policy of insurance upon a building used as a “ flax factory,” for a loss occasioned by the destruction of the property by fire.

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Appeal from the Circuit Court of DeKalb county; the Hon. Theodore D. Murphy, Judge, presiding. This was an action of assumpsit, brought by James W. Eddy, against the Aurora Fire Insurance Company, to recover upon, a policy of insurance upon a building used as a “ flax factory,” for a loss occasioned by the destruction of the property by fire. The policy, among other things, contained the following clause: “ It is expressly agreed that the assured is to keep eight buckets filled with water on the first floor, where the machinery is run, and four in the basement by the reservoir, ready for use…

1Opinion of the CourtJustice Walker

This case was previously before this court, and is reported in 49 Ill. 106. It was then reversed, because erroneous instructions were given. There was a stipulation in the policy, that the assured should keep eight buckets filled with water on the first floor where the machinery was run and four in the basement, by the reservoir, ready for use at all times in case of fire. In considering the case, when previously before us, we held, that a reasonable construction of this clause required, that while, from freezing or unavoidable causes, a literal compliance with the warranty might have been…

2Cases cited3 opinions

  1. Commercial Insurance v. SpanknebleIllinois Supreme Court · 1869
  2. Schmidt v. Peoria Marine & Fire InsuranceIllinois Supreme Court · 1866
  3. Aurora Fire Insurance v. EddyIllinois Supreme Court · 1868

3Cited by17 opinions

  1. Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
  2. Va. Fire & Marine Ins. v. Buck & NewsonSupreme Court of Virginia · 1891
  3. Western Assurance Co. v. AltheimerSupreme Court of Arkansas · 1894
  4. Johnson v. Dakota Fire & Marine InsuranceNorth Dakota Supreme Court · 1890
  5. German Insurance Co. of Freeport v. GibeIllinois Supreme Court · 1896

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