Phenix Insurance v. Stocks
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District heard in that court on appeal from the Circuit Court of Williamson county; the Hon. George W. Young, Judge, presiding.
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Appeal from the Appellate Court for the Fourth District heard in that court on appeal from the Circuit Court of Williamson county; the Hon. George W. Young, Judge, presiding. On the first day of December, 1887, the appellant insurance company issued its policy to appellees, insuring their dwelling house to the amount of $800, and their furniture, wearing apparel, books, piano, etc., in the sum of $400, against loss or damage by fire for the period of five years from noon of that day. The premium for the term was paid in advance. The building and its contents were burned in the afternoon of…
1Opinion of the CourtJustice Shope
First—It is insisted that the court erred in not continuing the cause upon the motion of the defendant, because a copy of the application upon which the policy issued was not filed with the declaration ten days before the first day of the term. The policy sued on was set out in hcec verba in the first count of the declaration. A demurrer having been sustained to the declaration, it was amended, and a copy of the application filed with the amendment. The policy being set out in the declaration, was a sufficient compliance with the statute. (Benjamin v. Delahay, 2 Scam. 574.) The policy was the…
2Cases cited17 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Ætna Insurance v. MaguireIllinois Supreme Court · 1869
- Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
- Andes Insurance v. FishIllinois Supreme Court · 1874
12 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Weisguth v. Supreme Tribe of Ben HurIllinois Supreme Court · 1916
- Home Insurance Co. of New York v. MendenhallIllinois Supreme Court · 1897
- Sobina v. BusbyAppellate Court of Illinois · 1965
- Beddow v. HicksAppellate Court of Illinois · 1940
- Provident Savings Life Assurance Society v. CannonIllinois Supreme Court · 1903
63 more not listed; retrieve them via the Exa API.