Scammon v. Commercial Union Ins.
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Kirk Hawes, Judge, presiding. This was an action brought July 6, 1875, by the appellant, Scammon, against the insurance company, appellee, upon a policy of insurance issued January 2, 1874, by the latter to the former, upon a building of the plaintiff known as Ho. 209 Michigan avenue, in the city of Chicago, insuring the same in the sum of 85,000 against loss by fire, from January 4, 1874, to January 4, 1875. The…
Read the full summary
Appeal from the Circuit Court of Cook county; the Hon. Kirk Hawes, Judge, presiding. This was an action brought July 6, 1875, by the appellant, Scammon, against the insurance company, appellee, upon a policy of insurance issued January 2, 1874, by the latter to the former, upon a building of the plaintiff known as Ho. 209 Michigan avenue, in the city of Chicago, insuring the same in the sum of 85,000 against loss by fire, from January 4, 1874, to January 4, 1875. The building was destroyed by fire July 19, 1874, during the life of the policy, the loss being upward of thirty thousand dollars.…
1Opinion of the CourtMcAllister, P. J.
There were but two points of objection to a recovery relied upon by the defendant below on the trial, and the same are insisted upon here on its behalf as appellee. They are (1) that the sale by the United States Mortgage Company, under the power of its mortgage and the conveyance thereunder, made March 31,1874, some three months and fourteen days before the fife, constituted a breach of the condition in. the policy against alienation, which rendered the policy void, and that at all events the plaintiff, for that reason, had no insurable interest in the property at the time of the loss; (2)…
2Cases cited7 opinions
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Williamsburg City Fire Insurance v. CaryIllinois Supreme Court · 1876
- Stephens v. Illinois Mutual Fire InsuranceIllinois Supreme Court · 1867
- Loy v. Home InsuranceSupreme Court of Minnesota · 1877
- Dows v. McMichaelNew York Court of Chancery · 1836
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Continental Insurance v. RuckmanIllinois Supreme Court · 1889
- Union National Bank v. Manistee Lumber Co.Appellate Court of Illinois · 1892
- Niagara Fire Insurance v. ScammonAppellate Court of Illinois · 1890
- Commercial Union Assurance Co. v. ScammonAppellate Court of Illinois · 1890