Traders' Insurance v. Pacaud
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. James Goggin, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. James Goggin, Judge, presiding. This was an action brought by A. L. Pacaud and George W. Pacaud, a firm doing business under the name and style of A. L. Pacaud & Co., against the Traders’ Insurance Company, on a policy of insurance issued by the defendant to J. H. Million, of the firm of Million & Bott, doing business at Kahoka, in the State of Missouri, for the sum of f3500, with the recital therein, “loss, if any, payable to A. L. Paeaud & Co., as interest…
1Opinion of the CourtJustice Craig
The principal grounds relied upon to reverse the judgment of the Appellate Court, affirming the judgment of the circuit court, are the following: First, that the interest of J. H. Million in the property destroyed by fire, and covered by the defendant’s policy, was other than its unincumbered and sole ownership, and that he had no insurable interest therein in his own name; and second, that the court erred in not instructing the jury that all the insurance on the property at the date of the fire should contribute to the loss, and the plaintiff could only recover from the defendant its…
2Cases cited4 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Hathaway v. Orient InsuranceNew York Court of Appeals · 1892
- Westchester Fire Insurance v. FosterIllinois Supreme Court · 1878
- Fox v. Phenix Fire Ins.Supreme Judicial Court of Maine · 1864
3Cited by17 opinions
- Newark Fire Ins. Co. v. TurkCourt of Appeals for the Third Circuit · 1925
- Citizens State Bank v. State Mutual Rodded Fire Ins.Michigan Supreme Court · 1936
- McCoy v. Continental InsuranceMichigan Supreme Court · 1949
- De Foor v. Northbrook Excess & Surplus InsuranceAppellate Court of Illinois · 1984
- Pollock v. Connecticut Fire InsuranceIllinois Supreme Court · 1935
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