Legal Opinion

Phenix Insurance v. Mills

Appellate Court of Illinois

Decided March 16, 1900PublishedCited by 1 opinion

Assumpsit, on an insurance policy. Appeal from the Circuit Court of Jackson County; the Hon. Alonzo K. Vickers. Judge, presiding. Heard in this court at the August term, 1899.

1Opinion of the CourtJustice Creighton

This was an action in assumpsit in the Circuit Court of Jackson County, by appellee against appellant, to recover on an insurance policy for loss by fire. Trial by jury; verdict and judgment for $1,075.

This case was before us at the February term, 1898, and was reversed and remanded, on account of an erroneous instruction. It is reported in 77 Ill. App. 546.

The declaration consists of two counts, in the usual form, specially declaring on the policy and common counts. To this declaration appellant filed the general issue and a number of special pleas, among them its third, as follows:

“And for…

2Cases cited4 opinions

  1. Illinois Central Railroad v. GillisIllinois Supreme Court · 1873
  2. North Chicago Street Railroad v. WiswellIllinois Supreme Court · 1897
  3. Berrington v. CaseyIllinois Supreme Court · 1875
  4. Phoenix Insurance v. MillsAppellate Court of Illinois · 1898

3Cited by1 opinion

  1. Tremblay v. Tri-City Railway Co.Appellate Court of Illinois · 1904

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