Legal Opinion

Williamsburg City Fire Insurance v. Cary

Illinois Supreme Court

Decided September 15, 1876PublishedCited by 60 opinions

Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was an action of assumpsit, by the appellee, against the appellant, to recover on a policy of insurance for a loss of a lot of millinery goods, valued at $1600. A trial was had, resulting in a verdict and judgment for the plaintiff.

1Opinion of the CourtJustice Scott

When the risk was assumed by the insurance company the goods covered by the policy were situated on the ground floor in building Ho. 88 State street, but before the destruction by fire the assured had removed them to Ho. 368 Wabash avenue. It is conceded no previous consent had been given the assured for the removal, but whether the company subsequently consented to carry the risk on the goods, in the new location, was one of the contested questions on the trial. On this point the testimony was conflicting, but if the jury gave credence to the witness Underwood, it was sufficient to warrant…

2Cases cited3 opinions

  1. Ætna Insurance v. MaguireIllinois Supreme Court · 1869
  2. Illinois Fire Insurance v. StantonIllinois Supreme Court · 1870
  3. New England Fire & Marine Insurance v. WetmoreIllinois Supreme Court · 1863

3Cited by60 opinions

  1. Phenix Insurance v. HartIllinois Supreme Court · 1894
  2. Commercial Fire Ins. v. AllenSupreme Court of Alabama · 1886
  3. Omaha Fire Insurance v. Dierks & WhiteNebraska Supreme Court · 1895
  4. Gorham v. . Insurance Co.Supreme Court of North Carolina · 1938
  5. Lumbermen's Mutual Insurance v. BellIllinois Supreme Court · 1896

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