Ætna Insurance v. Phelps
Illinois Supreme Court
This was a suit brought by Phelps, in the Circuit Court of Mason county, against the Ætna Insurance Company, upon a fire policy issued by said company. The declaration contains four special counts. The first upon the policy according to its alleged legal effect. The other counts are upon the policy in “ hmc verba.”
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This was a suit brought by Phelps, in the Circuit Court of Mason county, against the Ætna Insurance Company, upon a fire policy issued by said company. The declaration contains four special counts. The first upon the policy according to its alleged legal effect. The other counts are upon the policy in “ hmc verba.” In each count the allegation of the interest of Phelps in the premises destroyed by fire, is as in the first count, “ said plaintiff was interested,” etc., without .otherwise setting forth the nature of the interest. The breach of each count is the same as alleged in first count,…
1Opinion of the CourtWalker, J.
It is urged, that the declaration in this case was insufficient, and that the court below erred in overruling the defendant’s demurrer. The policy upon which suit was brought, contains this amongst other provisions: “ In case of any loss on, or damage to, the- property insured, it shall be optional with the company to replace the articles lost or damaged, with others of the same kind and equal goodness; and to rebuild or repair the building or buildings within a reasonable time, giving notice of their intention so to do within thirty days after preliminary proof shall have been received at…
2Cases cited1 opinion
- Howard Fire & Marine Insurance v. CornickIllinois Supreme Court · 1860
3Cited by5 opinions
- Board of Supervisors v. Chicago, Burlington & Quincy R. R.Illinois Supreme Court · 1867
- Midwood Sanatorium v. Fireman's Fund InsuranceNew York Court of Appeals · 1933
- Whelan v. Massachusetts Bonding & InsuranceAppellate Court of Illinois · 1917
- Colorado Springs Co. v. HewittSupreme Court of Colorado · 1877
- Supreme Lodge Knights & Ladies v. AlbersAppellate Court of Illinois · 1902