Mutual Mill Ins. v. Gordon
Appellate Court of Illinois
Appeal from the Circuit Court of Randolph county ; the Hon. George W. Wall, Judge, presiding. Action upon an insurance policy issued October 4, 1884, to one James Gordon, upon machinery, etc., in his mill at Sparta, in this State, and by him assigned with consent of the appellant to appellee, who purchased the mill property before the loss.
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Appeal from the Circuit Court of Randolph county ; the Hon. George W. Wall, Judge, presiding. Action upon an insurance policy issued October 4, 1884, to one James Gordon, upon machinery, etc., in his mill at Sparta, in this State, and by him assigned with consent of the appellant to appellee, who purchased the mill property before the loss. The defense was made that the insured, James Gordon, overvalued the property, and also misrepresented in his application the amount of incumbrances upon the property. The defendant introduced in evidence the application, from which it appeared that certain…
1Opinion of the CourtPillsbury, J.
Upon the oral argument of this cause one reason suggested for reversing the judgment was that the declaration was fatally defective in failing to aver that the property was destroyed by fire; bxxt counsel for appellee claiming that this defect was a clerical error in the copyist, the counsel for appellee consented that an amendment might be filed with the declaration, curing the omission in this particular, and that the same should be considered a part of the record. This was done, and the cause submitted to us to be determined xxpon the merits. The eiTors assigned which were relied xxpon in…
2Cases cited5 opinions
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- Coffing v. TaylorIllinois Supreme Court · 1855
- Wells v. CarpenterIllinois Supreme Court · 1872
- Kingsbury v. BucknerIllinois Supreme Court · 1873
- Mitchell v. KingIllinois Supreme Court · 1875