Legal Opinion

Helbig v. Citizens' Insurance

Illinois Supreme Court

Decided April 23, 1908PublishedCited by 34 opinions

Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. C. D. Myers, Judge, presiding. This is an action in assumpsit to recover on an insurance policy for $1500, alleged to have been issued by appellant to appellee on furniture and fixtures in the Phoenix Hotel, in Bloomington, which was destroyed by fire June 19, 1900. The declaration sets out in a special count the policy in hcec verba.

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Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. C. D. Myers, Judge, presiding. This is an action in assumpsit to recover on an insurance policy for $1500, alleged to have been issued by appellant to appellee on furniture and fixtures in the Phoenix Hotel, in Bloomington, which was destroyed by fire June 19, 1900. The declaration sets out in a special count the policy in hcec verba. This suit was commenced June 17, 1901. Appellant filed a plea of general issue. The first trial resulted in a disagreement of…

1Opinion of the Court

.Mr. Justice Carter

delivered the opinion of the court:

The testimony tends to show that appellant had issued four policies of insurance, by the same agent, to appellee; that the first was issued about the middle of 1898, on the same property and for the same amount, rate and time as the one here in question and expired by its own limitation; that the second was for $2500 on the hotel building, dated in 1899, for three years; that this policy was paid in full by appellant after the fire; that the third policy was issued at the expiration of the first, covering the same furniture and fixtures…

2Cases cited12 opinions

  1. Chicago & Erie Railroad v. MeechIllinois Supreme Court · 1896
  2. Weston v. TeufelIllinois Supreme Court · 1904
  3. Godair v. Ham National BankIllinois Supreme Court · 1907
  4. Supreme Tent Knights of Maccabees of the World v. StenslandIllinois Supreme Court · 1903
  5. Wickes v. WaldenIllinois Supreme Court · 1907

7 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Franciscan Sisters Health Care Corp. v. DeanIllinois Supreme Court · 1983
  2. McElroy v. ForceIllinois Supreme Court · 1967
  3. Johnson v. PendergastIllinois Supreme Court · 1923
  4. People v. CochranIllinois Supreme Court · 1924
  5. Diederich v. WaltersIllinois Supreme Court · 1976

29 more not listed; retrieve them via the Exa API.

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