Buchanan v. Scottish Union & National Insurance

Appellee sued appellant in the City Court of Kewanee upon a policy of insurance issued by appellant upon a dwelling owned by appellee. The first count of the declaration set out the policy in full and a rider thereto. The second and third counts pleaded the same policy by reference to the first count, as did also the amended second count. Defendant pleaded the general issue with notice of special matter in defense. At the close of appellee’s evidence the court refused to instruct the jury to find for appellant. Appellant then declined to offer any testimony and the court thereupon, on motion…