Kanter v. Continental Assurance Co.

Mr. Presiding Justice Holdom

delivered the opinion of the court.

The questions brought by this appeal for our review are restricted to the pleadings and the effect of carrying the demurrer of plaintiff to certain of defendant’s pleas back to the declaration.

The order of the pleadings is the one count declaration of plaintiff, in which the policy of insurance declared upon is set forth in haec verba, and thereby became a part of such count. That being so the duty of the court is to pass upon its legal purport and effect. Binz v. Tyler, 79 Ill. 248.

Defendant on its part interposed a plea of the…