Legal Opinion

Chesnut v. Pennell

Illinois Supreme Court

Decided January 15, 1879PublishedCited by 3 opinions

Appeal from the Circuit Court of Sangamon county; the Hon. Chables S. Zane, Judge, presiding. The first count of the declaration, as amended, is as follows, omitting the caption: “William A. Pennell, who sues for the use of Albert H. Barber, plaintiff in this suit, by W. S. Coy and Frank J. Crawford, his attorneys, complains of John A. Chesnut, the defendant in this suit, who has been summoned, etc., of a plea that he render to the plaintiff the sum of $1000, which he owes…

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Appeal from the Circuit Court of Sangamon county; the Hon. Chables S. Zane, Judge, presiding. The first count of the declaration, as amended, is as follows, omitting the caption: “William A. Pennell, who sues for the use of Albert H. Barber, plaintiff in this suit, by W. S. Coy and Frank J. Crawford, his attorneys, complains of John A. Chesnut, the defendant in this suit, who has been summoned, etc., of a plea that he render to the plaintiff the sum of $1000, which he owes to and unjustly detains from him. “ For that, whereas, prior to and on the first day of April, 1871, the Lamar Insurance…

1Opinion of the CourtJustice Scholfield

On an investigation of the present case, we have deemed it sufficient to pass upon but one of the points discussed in the briefs.

Plaintiff’s right to recover is based solely upon a loss by fire, against which he was protected by a policy of insurance issued by the Lamar Insurance Company. There is, in this record, no proof of the execution of such a policy, and no proof of any loss by fire. It is, it is true, recited in the decree of the Superior Court of Cook county in the case of Edwin Burnham, et al. v. The Lamar Insurance Company, a copy of which was read in evidence over the defendant’s…

2Cases cited1 opinion

  1. Chandler v. BrownIllinois Supreme Court · 1875

3Cited by3 opinions

  1. Black v. WomerIllinois Supreme Court · 1881
  2. Ross v. Knapp, Stout & Co.Appellate Court of Illinois · 1898
  3. Robinson v. RaulstonAppellate Court of Illinois · 1889

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