Rochester German Ins. v. Heffron

Mr. Presiding Justice Horton

delivered the opinion of the court.

This suit was brought by appellee against appellant to recover upon an insurance policy, for a loss by fire. The only declaration filed consists of the common counts. To said declaration appellant filed a plea of the general issue. At the trial the first evidence offered was a paper identified as a policy of fire insurance issued by appellant to appellee. Appellant objected thereto upon the ground that said policy was not admissible under said declaration. Said objection was overruled and the policy admitted in evidence, to which…