Illinois Mutual Fire Insurance v. O'Neile
Illinois Supreme Court
This cause was tried at the Madison Circuit Court at March term, 1851, before Underwood, Judge, and a jury. Trumbull, Justice, being interested, did not sit at the hearing of this cause. This was an action of assumpsit, brought by said O’Neile against the said company upon a policy of insurance issued by them, in the sum of $1,900, upon a stock of goods, wares, and merchandise belonging to said O’Neile, in his store in Randolph county.
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This cause was tried at the Madison Circuit Court at March term, 1851, before Underwood, Judge, and a jury. Trumbull, Justice, being interested, did not sit at the hearing of this cause. This was an action of assumpsit, brought by said O’Neile against the said company upon a policy of insurance issued by them, in the sum of $1,900, upon a stock of goods, wares, and merchandise belonging to said O’Neile, in his store in Randolph county. The policy was for the term of six years, and was issued on the 15th day of May, 1848. On the 13th day of April, 1850, the store of said O’Neile was consumed…
1Opinion of the CourtCaton, J.
The questions in this case do not admit of a moment’s hesitation. After the policy before us was effected, the assured took out another policy, from another company, on his stock of goods, without advising the appellants of that fact, and without their sanction. ' This, they insist, avoids their policy, and rely upon the 18th section of their charter, which is as follows : “ If insurance on anv house or building shall be and subsist in said company and in any other office, or by or from any other person or persons at the same time, the insurance made in and by said company shall be deemed and…
2Cited by1 opinion
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