Atlantic Insurance v. Wright
Illinois Supreme Court
This was an action of assumpsit, brought by Edward Wright, against the Atlantic Insurance Company, upon a policy of insurance. The declaration contains three counts. The first count sets forth in hcec verba, a policy of insurance against loss or damage by fire, to the amount of $5,000, upon Wright’s five story brick (stone front) building, situate on the north side of Lake street, Nos. 114 and 116, in Chicago—and all the conditions thereof.
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This was an action of assumpsit, brought by Edward Wright, against the Atlantic Insurance Company, upon a policy of insurance. The declaration contains three counts. The first count sets forth in hcec verba, a policy of insurance against loss or damage by fire, to the amount of $5,000, upon Wright’s five story brick (stone front) building, situate on the north side of Lake street, Nos. 114 and 116, in Chicago—and all the conditions thereof. It then alleges that Wright was the absolute owner of the property insured, the destruction of the same by fire, and a compliance by him with the…
1Opinion of the CourtWalker, J.
The first assignment of error, questions the judgment of the court below, because appellant’s fifth plea was unanswered. In that plea it is averred, that appellee had no insurable interest in the property, which fact was fraudulently concealed from them when the policy was granted. Whether it was error to proceed to trial without a replication to this plea, depends upon the character of the other issues in the case. There was in the first count of the declaration, an averment that appellee was the absolute owner of the property insured, and in the second count, an averment that the company “…
2Cited by19 opinions
- John Hancock Mutual Life Insurance v. SchlinkIllinois Supreme Court · 1898
- Phœnix Insurance v. TuckerIllinois Supreme Court · 1879
- Commercial Insurance v. IvesIllinois Supreme Court · 1870
- Germania Fire Insurance v. HickIllinois Supreme Court · 1888
- O'Connor v. Maryland Motor Car InsuranceIllinois Supreme Court · 1919
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