Fish v. Seeberger
Illinois Supreme Court
Appeal from the Appellate Court for the First District ; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This was an action of assumpsit, brought by appellee, against appellant, to recover certain insurance money claimed to have been received for loss on certain butter.
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Appeal from the Appellate Court for the First District ; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This was an action of assumpsit, brought by appellee, against appellant, to recover certain insurance money claimed to have been received for loss on certain butter. The declaration consists of two counts, the first alleging that defendant was engaged in the business of selling produce on commission at Chicago, and that plaintiff shipped to him two car-loads of butter to be stored and sold; that defendant stored a part of the…
1Opinion of the Court
Baker, J.:
Counsel for appellant contend there was no contract for the insurance .of the butter, and that in the absence of such a contract it was not the duty of appellant to insure the same, and therefore plaintiff below was not entitled to recover. Also, that appellee repudiated the insurance, and for that reason is entitled to derive no benefit from it. It is a sufficient answer to the first position to say that appellant did procure insurance on appellee’s property in his hands as agent, and whether there was a contract requiring him to do so, or whether it was his duty to do so or not,…
2Cases cited2 opinions
- Chapman v. BurtIllinois Supreme Court · 1875
- Brannan v. StraussIllinois Supreme Court · 1874
3Cited by4 opinions
- White v. ShermanIllinois Supreme Court · 1897
- Pelcak v. BartosAppellate Court of Illinois · 1946
- Husch Bros., Inc. v. CommissionerUnited States Board of Tax Appeals · 1927
- Husch Bros., Inc. v. CommissionerUnited States Board of Tax Appeals · 1927