National Fire Insurance v. Three States Lumber Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Alexander county; the Hon. Wm. N. BuTlEr, Judge, presiding. This is an action of assumpsit, begun in the circuit court of Alexander county on January 28, 1903, and brought on an insurance policy, issued by appellant to appellee, bearing date July 5, 1902, insuring the property therein mentioned, being a saw-mill plant situated in Mississippi county, Arkansas.
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Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Alexander county; the Hon. Wm. N. BuTlEr, Judge, presiding. This is an action of assumpsit, begun in the circuit court of Alexander county on January 28, 1903, and brought on an insurance policy, issued by appellant to appellee, bearing date July 5, 1902, insuring the property therein mentioned, being a saw-mill plant situated in Mississippi county, Arkansas. Of the amount insured, part was upon the iron-clad metal roof mill buildings; and a part on the machinery of all kinds; and…
1Opinion of the CourtJustice Magruder
In this case, three defenses were set up in the trial court, and argued and discussed in that court and in the Appellate Court. One of these defenses was, that there was a cancellation of the policy by the company before the fire under the following provision in the policy, to-wit: “This policy shall be canceled at any time at the request of the insured; or by the company by giving five days’ notice of such cancellation.” Whether the company gave such notice, and whether it was received by the appellee, were questions of fact, which are settled by the judgments of the circuit and Appellate…
2Cases cited9 opinions
- Chappell v. McKnightIllinois Supreme Court · 1884
- Sutherland v. GoodnowIllinois Supreme Court · 1884
- Miotke v. Milwaukee Mechanics' InsuranceMichigan Supreme Court · 1897
- Phenix Insurance v. CaldwellIllinois Supreme Court · 1900
- Traders' Insurance v. PacaudIllinois Supreme Court · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Budelman v. American InsuranceIllinois Supreme Court · 1921
- Fray v. National Fire InsuranceIllinois Supreme Court · 1930
- Mark v. Liverpool & London & Globe InsuranceSupreme Court of Minnesota · 1924
- Sweet v. PurintonSouth Dakota Supreme Court · 1918
- Bartemeier v. Central National Fire InsuranceSupreme Court of Iowa · 1916
7 more not listed; retrieve them via the Exa API.