Lincoln Park Coal & Brick Co. v. Wabash Railway Co.

This cause is here, by leave of this court, on certiorari, to review a judgment of the Appellate Court for the Third District affirming a judgment of the circuit court of Sangamon county in favor of defendant in error, the Wabash Railway Company, and against plaintiff in error, the Lincoln Park Coal and Brick. Company, for the use of the United States Fidelity and Guaranty Company, in bar of its action and for costs of suit.

The case was instituted in the name of the Lincoln Park Coal and Brick Company as plaintiff. In the original declaration it was alleged, among other things, that the…